Also known as: mainovre · meinour · mainoeuvre · in the act · with the mainour
Written by attorneys · grounded in primary & secondary sources — see below
A stolen article found in the hands of a thief. At common law the discovery permitted the thief to be arraigned and tried without an indictment.
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Marcus Mitchell discovered his spouse with another and suffered a serious battery during the confrontation. Police later found the victim's wallet still in Marcus's pocket. Because the wallet constituted mainour the prosecution proceeded directly to trial without seeking an indictment.
A shopkeeper saw Thomas Tucker slip a watch into his coat. Officers recovered the watch still on Tucker minutes later. Because the watch was mainour the magistrate committed Tucker for trial without an indictment.
A jury determined that Megan Moore was found with the stolen ring still in her hand. The presence of mainour allowed the court to proceed to judgment without first requiring an indictment.
Marcus Mitchell took partnership funds and was later discovered with the cash still in his briefcase. The court treated the cash as mainour and permitted immediate arraignment without an indictment.
Police searched Malcolm McKinley's bakery without a warrant and recovered marked bills as mainour. The presence of mainour permitted arraignment and trial without an indictment.
During hostilities federal agents found enemy cargo still aboard a captured vessel. The presence of mainour allowed the government to proceed against the goods without first obtaining an indictment.
Discovery of mainour permits the thief to be arraigned and tried without an indictment.
Supporting sources
Modern codes have replaced the common-law shortcut with formal charging procedures, yet the historical concept remains useful for understanding early criminal procedure.
Supporting sources
…use of his land might occasion. 304 S. C., at 384, 404 S. E. 2d, at 899. By neglecting to dispute the findings enumerated in the Act or otherwise to challenge the legislature's purposes, petitioner "concede[d] that the beach/dune area of South Carolina's shores is an extremely valuable public resource; that the erection…