(DOWNLOAD) "Thanos v. Maryland" by Court Of Appeals Of Maryland * Book PDF Kindle ePub Free
eBook details
- Title: Thanos v. Maryland
- Author : Court Of Appeals Of Maryland
- Release Date : January 05, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The respondent herein was convicted of the offense of operating a motor vehicle while under the influence of intoxicating liquor at Brewer on February 2, 1947, before a trial justice residing in Orono, who held his court in Brewer for the purpose of trying the case. The respondent did not raise the issue of jurisdiction but carried the case to the Superior Court by appeal. There the issue was raised and the parties joined in submitting it for determination under an Agreed Statement of Facts stipulating that if it was decided that the trial justice had jurisdiction judgment should be for the State and the case be remanded for sentence; otherwise, the remand should be for quashing the complaint. The respondent is not prejudiced by his failure to challenge the jurisdiction of the magistrate when his case was heard originally. If jurisdiction was lacking the action of the magistrate was void, Lovejoy v. Albee, 33 Me. 414; 54 A.D. 630. Lack of jurisdiction is a defect which may be interposed at any time, Powers v. Mitchell, 75 Me. 364; Darling Automobile Co. v. Hall et al., 135 Me. 382; 197 A. 558; Charles Cushman Co. et al. v. Mackesy et al., 135 Me. 490; 200 A. 505; 118 A. L. R. 148. Jurisdictional questions cannot be waived, State v. Slorah, 118 Me. 203; 106 A. 768; 4 A. L. R. 1256; 14 Am. Jur. 917, Par. 214.
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