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STATE v. O'CLAIR

223 A.2d 74 (1966)

STATE of Maine v. Fred H. O'CLAIR, also known as Fred James O'Clair.

Supreme Judicial Court of Maine.

September 28, 1966.

Attorney(s) appearing for the Case

Peter P. Sulides, County Atty. for Knox County, Rockland, Jerome Matus, Asst. Atty. Gen., Augusta, for plaintiff.

Curtis M. Payson, Rockland, for defendant.

PER CURIAM.

Upon arraignment the respondent seasonably filed a motion to quash the indictment and simultaneously filed a demurrer thereto. The respondent sought and obtained from the court leave to plead over in event his demurrer should be overruled. The court below denied the motion and overruled the demurrer. Since the motion and demurrer raised the same issue with respect to the sufficiency of the indictment, exceptions were prosecuted only with respect to the...

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