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State v. Robinson
85 Me. 147
Me.
1892
Check Treatment
Haskell, J.

The only exception in this case worthy of consideration is, whether an erroneous date in the caption of an indictment, showing it to have been found in Januaiy, 1891,. instead of January, 1892, as appears from the clerk’s certificate' upon the back of it, is a fatal defect, the offense being charged and proved to have been committed in November, 1891.

It is settled law in Massachusetts that such an error is harmless. Commonwealth v. Hines, 101 Mass. 33 ; Commonwealth v. Smith, 108 Mass. 486 ; Commonwealth v. Brown, 116 Mass. 339. We see no reason why the same doctrine should not be held in this State.

Exceptions overruled.

Peters, C. J., Virgin, Libbey, Poster and Whitehottse, JJ., concurred.

Case Details

Case Name: State v. Robinson
Court Name: Supreme Judicial Court of Maine
Date Published: Dec 1, 1892
Citation: 85 Me. 147
Court Abbreviation: Me.
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