Notes of Decisions
Cited in
7
cases, 1978–2016 · leading case:
State v. Mishne, 427 A.2d 450 (Me. 1981).
State v. Mishne, 427 A.2d 450 (Me. 1981).
· cites it 2× “" The proposed instruction cites 17-A M.R.S.A. § 51, subsection (1), which reads: A person commits a crime only if he engages in voluntary conduct, including a voluntary act, or the voluntary omission to perform an act of which he is physically capable.”
State v. Myrick, 436 A.2d 379 (Me. 1981).
· cites it 2× “The offense underlying the decision in Heald occurred in 1970, and thus no effect was given to 17-A M.R.S.A. § 51, which became effective in 1976.”
State v. Goodall, 407 A.2d 268 (Me. 1979).
“Other Claimed Errors Defendant also claims error in the presiding justice’s refusal to instruct the jury that a finding of defendant’s criminal liability could not be predicated on any legal duty on his part to prevent or stop a fight between Smith and the victim Grant.”
State v. Porter, 384 A.2d 429 (Me. 1978).
“…conduct, including a voluntary act, or the voluntary omission to perform an act of which he is physically capable.” 17-A M.R.S.A. § 51 (1976).”
State v. Flaherty, 400 A.2d 363 (Me. 1979).
· cites it 2× “1978) 2 is 17-A M.R.S.A. § 51 (Supp.1978), 3 which in § 51(1) declares that a “person commits a crime only if he engages in voluntary conduct,” and in § 51(3) further states: Possession is voluntary conduct only if the possessor knowingly procured or received the thing possessed…”
State v. Brooks, 656 A.2d 1205 (Me. 1995).
· cites it 2× “1981) (mere existence of 17-A M.R.S.A. § 51 placed defendant on notice that voluntariness of conduct had to be proved by state even though not alleged in indictment).”
— Me. Rev. Stat. tit. 17-A, § 51(1) — 3 cases
State v. Mishne, 427 A.2d 450 (Me. 1981).
“" The proposed instruction cites 17-A M.R.S.A. § 51, subsection (1), which reads: A person commits a crime only if he engages in voluntary conduct, including a voluntary act, or the voluntary omission to perform an act of which he is physically capable.”
State v. Myrick, 436 A.2d 379 (Me. 1981).
“The offense underlying the decision in Heald occurred in 1970, and thus no effect was given to 17-A M.R.S.A. § 51, which became effective in 1976.”
— Me. Rev. Stat. tit. 17-A, § 51(2) — 1 case
State v. Goodall, 407 A.2d 268 (Me. 1979).
“Other Claimed Errors Defendant also claims error in the presiding justice’s refusal to instruct the jury that a finding of defendant’s criminal liability could not be predicated on any legal duty on his part to prevent or stop a fight between Smith and the victim Grant.”
— Me. Rev. Stat. tit. 17-A, § 51(3) — 1 case
State v. Flaherty, 400 A.2d 363 (Me. 1979).
“1978) 2 is 17-A M.R.S.A. § 51 (Supp.1978), 3 which in § 51(1) declares that a “person commits a crime only if he engages in voluntary conduct,” and in § 51(3) further states: Possession is voluntary conduct only if the possessor knowingly procured or received the thing possessed…”
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treatment. Dots show Syfertize treatment of the citing case itself.