State of Maine v. Berube

This case come to the Court on exceptions by a respondent convicted in the Superior Court under an indictment charging a violation of the provisions of Section 6 of Chapter 135 of the Revised Statutes. The exceptions requiring consideration relate to the admission of two items of testimony against the objection of the respondent and to the exclusion of four items of testimony offered in his behalf. Exception in each case was properly taken and allowed. In addition to these exceptions, counsel for the respondent noted an exception to the action of the justice in the Trial Court in denying a motion for a new trial. The bill of exceptions recites that ""an application for appeal"" was made a part of the bill of exceptions, but neither the record, nor the docket entries which are a part of it, shows that an appeal was taken.