137 Me. 311 | Me. | 1941
The respondent was indicted for a violation of the provisions of R. S. 1930, Chap. 133, Sec. 5. The indictment is in three counts. The first alleges the acceptance by the respondent, Vallee, who was a county commissioner of Androscoggin County, of a promise by one St. Pierre to pay Vallee five dollars a week during
EXCEPTIONS
Exception1. The State, in order to show that St. Pierre was in fact employed by the Board of County Commissioners as a janitor as alleged in the indictment, offered the testimony of Henry O. Cloutier another member of the board as to what transpired at a meeting of the board. The testimony was objected to on the ground that the acts of the board could be proved only by the official records. The evidence was admitted and an exception taken. The ruling was correct. This is not a case where oral evidence is offered to contradict a record, for no entry whatever was made on the subject. Nor is it a case such as Small v. Pennell, 31 Me., 267, in which the validity of an act depends on a proper record. The material question was whether St. Pierre was employed as a janitor and what part the respondent played in procuring him the position. It would be a sad commentary on the law if a respondent should es
Exception 2. The respondent excepted to the refusal of the court to direct the jury to bring in a verdict of not guilty. The motion for a new trial after verdict raises the same question as the motion for a directed verdict and is a waiver of the exception taken to the prior ruling. State v. O’Donnell, 131 Me., 294, 161 A., 802.
Exception 3. The respondent excepted to the following portion of the charge of the presiding justice:
“Under the other counts it is necessary for the State to prove, and prove beyond every reasonable doubt, that Gedeon Vallee was the duly elected and qualified and acted as a County Commissioner at or about the dates alleged, and that on or about the time as alleged Alfred St. Pierre was selected as janitor as a result of the promise and that Gedeon Vallee received from St. Pierre the sum of five dollars or any sum in pursuance and as a result of that agreement.”
The respondent claims that it was necessary for the State to prove that the sum of $5.00 mentioned in the indictment was paid and that proof of any other sum would not warrant a conviction. The only case cited by counsel in support of such a contention is State v. Martin, 134 Me., 448, 187 A., 710. That does not seem to be in point. The material question is not the amount of the bribe but whether a bribe was given. Stovall v. State, 104 Tex. Cr. Rep., 210, 283 S. W., 850; 9 C. J., 412; 11 C. J. S., 866. This exception is without merit.
Exception 4. The respondent waives this exception.
Exception 5. After the jury had retired and started their de
The inquiry addressed by the court to the foreman of the jury was not for the purpose of leaving to the jury the decision of the question, but to find out for the benefit of the court in making a ruling whether the jury had been sufficiently informed. If we lay down the rule that a respondent under such circumstances as this can compel as a matter of right the reading of testimony relating to a certain point, it is apparent that the deliberations of a jury might be long delayed for no court would feel safe in reading anything less than the whole of such testimony. What shall be done under such circumstances as this must be left to the sound discretion of the presiding justice. A respondent can complain only when such discretion is abused. People v. Kasem, 230 Mich., 278, 203 N. W., 135; Byrd v. State, 90 Tex. Cr. Rep., 418, 235 S. W., 891; Jarvis v. Commonwealth, 245 Ky., 790, 54 S. W., 2d, 307; State v. Manning, 75 Vt., 185, 54 A., 181. In the case before us, the record does not tell us what the particular testimony was which was read to the jury, and neither do the exceptions point out what if any portion of the cross-examination contradicted this undisclosed phase of the direct testimony. The respondent shows no abuse of the court’s discretionary power.
THE APPEAL
In support of the charges in the indictment we have the testimony of St. Pierre. It is corroborated by the testimony of two other wit
Exceptions overruled.
Appeal dismissed.
Judgment for'the State.