Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 752 (2026)

Owner of property as used in indictment

✓ current as of May 2026

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In an offense in any way relating to real or personal estate, it is sufficient and not a variance if it is proved at the trial that, when the offense was committed, the actual or constructive possession of or the general or special property in the whole of such estate or in any part thereof was in the person or community alleged in the indictment to be the owner thereof.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1967–2023 · leading case: State v. Small, 267 A.2d 912 (Me. 1970).

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State v. Small, 267 A.2d 912 (Me. 1970). · cites it 3× “In an offense in any way relating to personal estate, if the evidence at trial establishes that the property, at the time of the offense, was in the actual or constructive possession of the person described in the indictment as the owner thereof, it is sufficient proof of…”

State v. Bickford, 308 A.2d 561 (Me. 1973). · cites it 3× “15 M.R.S.A. § 752; State v. Small, supra.”

State v. Michael L., 441 A.2d 684 (Me. 1982). · cites it 2× “In Hamm we noted that 15 M.R.S.A. § 752 "permits a conviction for any offense involving real property to stand if the State shows constructive or actual possession of the property by the person in whom the indictment alleged ownership.”

State v. Carter, 391 A.2d 344 (Me. 1978). “However, 15 M.R.S.A. § 752 (1964) excuses this variance.”

State v. Kimball, 359 A.2d 305 (Me. 1976). “See 15 M.R.S.A. § 752. 3 . This, despite the concession which the State makes in its brief concerning variance.”

State v. Hamm, 348 A.2d 268 (Me. 1975). “The State presented three witnesses each of whom testified that his employer was International Harvester, Inc.”

State of Maine v. Harry D. Every, 2023 ME 39 (Me. 2023). “”); 15 M.R.S. § 752 (2023) (“In an offense in any way relating to real or personal estate, it is sufficient and not a variance if it is proved at trial that, when the offense was committed, the actual or constructive possession of [the property] was in the person .”

State v. Estabrook, 241 A.2d 880 (Me. 1968). “§ 752, which provides that: “In an offense in any way relating to real or personal estate it is sufficient and not a variance if it is proved at the trial that, when the offense was committed, the actual or constructive possession of or the general or special property in the…”

State v. Oliver, 225 A.2d 398 (Me. 1967). “Since 1840 Maine has had a statute to alleviate the common law strictness in proof of such matters, which statute is now 15 M.R.S.A. § 752, and in pertinent part reads as follows: “In an offense in any way relating to real or personal estate it is sufficient and not a variance…”

Saleme v. Robbins, 270 A.2d 458 (Me. 1970). “Maine followed this rule, but its application as to proof of the ownership alleged has since 1840 been relaxed by what is now 15 M.R.S.A. § 752. 2 By reason of this statute, proof of the “ownership” within the meaning of the statute was satisfied by proof of actual or…”

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