67 Me. 127 | Me. | 1877
This court as early constituted, held that the certificate, “a true bill,” appended to an indictment and officially signed by the foreman of the grand jury which returned it into court, is not only the legal evidence that the indictment was legally found, but that such certificate is essential; and also, that its omission is not cured by a verdict of guilty. Webster’s case, 5 Maine, 432.
In this state, as in many others, (in some of which, we believe, it is required by statute) the public prosecuting officer who draws
Here, as in most of the states, the attorney for the state is present with the grand jury during its sessions. He is required to swear witnesses in the presence of the jury (R. S. c. 134, § 6); and generally examines them and always advises the jury in relation to the law of the cases which come before them. He is also required to attend court and act for the state (R. S. c. 79, § 13); and when absent, a county attorney pro tempore maybe appointed, § 16. But the indictment derives its legal sanction from the certificate and official signature of the foreman together with its due presentation in open court in the presence of the whole jury which found it.
To be sure the form of indictment for being a common seller of intoxicating liquors, provided in R. S. c. 27, § 57, has a blank space next preceding the words “county attorney,” as it has next preceding the word “foreman;” and it was the intention of the legislature that those blanks be filled by the signatures respectively of the officers named. The provision of the section, however, is not that all indictments for that offense shall literally follow that form, but that “the form shall be deemed sufficient in law.” This language does not conclude the government, any more than the provision in § 55, that “delivery shall be sufficient evidence of sale,” does the respondent charged. State v. Hurley, 54 Maine, 562.
Although there is high authority in support of the defendant’s position, we think the great weight of authority cited on the brief in behalf of the government fully sustains the conclusion at which we have arrived.
Exceptions overruled. ,