Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 76

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 76

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...656; People v. Gill, 6 Cal. 637; Green v. State, 6"6 Ala. 41; U. S. v. Charles J. Guiteau, Oflicial Report, Part III, 1838, 2578, 2634; Stearns v. U. S. 2 Paine, C. C. 300; U. S. v. Bevans, 3 Wheat. 386; U. S. v. Holliday, 3 Wall. 407; U. S. v. Peters, 5 Cranch, 115; Slocum v. l1a..'z/berry, 2 Wheat. 1. Waslzington Gilbert, for the respondent. WALTON, J. The question is whether the courts of this state have jurisdiction of the crimes of murder or manslaughter CODImitted within Fort Popham near the mouth of the Kennebec river. We think they have not. Fort Popham is a United States fort. It is erected on land purchased for a fort; and the purchase was made by consent of the legislature of this state. The constitution of the United States declares that congress shall have power to exercise exclusive legislation over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; and, in the exercise of this power, congress has enacted what the punishments for murder and manslaughter shall be when committed within any fort, arsenal, dock-yard, magazine, or other place under the jurisdiction of the United States, and conferred authority upon the federal courts to try the persons charged with these offenses. The conclusion is, therefore, inevitable that, the courts of this state do not have jurisdiction of the crimes of murder or manslaughter committed in a United States fort. In fact, we do not know that this proposition is denied by any one. But it is said that, although a mortal wound may be inflicted within a fort, still, if the person wounded dies elsewhere, the crime must not be regarded as having been committed in...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236986857
  • 9781236986856