126 Me. 351 | Me. | 1927
The respondent Timothy Wombolt and his two sons, William and Leo Wombolt, were jointly indicted at the May Term, 1926 of the Superior Court for Penobscot county for keeping and maintaining a common nuisance. Leo Wombolt pleaded guilty at the May Term, and Timothy and William were tried at the September Term 1926 and found guilty by a jury.
The evidence disclosed that Timothy leased the premises described in the indictment, and kept a restaurant and sold soft beers. There was sufficient evidence to warrant the jury in finding that the two
In the course of the trial, a witness, LaHay, employed by the enforcement officers to obtain evidence against the respondents, testified that on one occasion he purchased a drink of one of the respondents, and in-January, 1926, he purchased a gallon of alcohol of the respondent William Wombolt.
In defense the respondents, introduced in evidence the testimony of a former county attorney that upon the evidence of LaHay and an enforcement officer before the grand jury in May 1926 Leo Wombolt was indicted for a single sale of a gallon of alcohol.
The former county attorney was also inquired of as to whether any evidence of a'sale of a gallon of alcohol in January, 1926 was presented before the grand jury at the May Term against William Wombolt and whether any indictment was found at the May Term against William Wombolt for the sale of a gallon of alcohol in January, 1926, which was excluded. Counsel for the defense also called the clerk of courts, who produced an indictment found at the May Term, 1926 charging Leo Wombolt with the sale of a gallon of alcohol in January, 1926, which was excluded.
To the exclusion of the indictment against Leo Wombolt and the evidence of the former county attorney that no evidence was presented to the grand jury or any indictment found against William Wombolt for a sale of a gallon of alcohol in January, 1926 the respondents excepted on the ground that it should have been received to impeach the testimony of LaHay in the case at bar, that in January, 1926, he purchased a gallon of alcohol of William Wombolt.
Neither does it appear from the bill of exceptions that the respondents were aggrieved by the refusal to permit the former county attorney to answer the questions whether any indictment was found by the grand jury against William Wombolt for a sale of a gallon of alcohol in January, 1926, or whether any evidence was presented to the grand jury of such a sale, as it does nor appear from the bill of exceptions what the witness’ answer to such questions would have been. The excepting party must affirmatively show by his bill of exceptions that he was aggrieved by the Court’s ruling. It can not be left to inference. State v. Dow, 122 Me. 448.
Exceptions overruled.
Judgment for the State.