Legal Opinion

State v. J. H.

Supreme Court of Vermont

Decided July 15, 1802PublishedCited by 4 opinions

THE defendant had been arrested and examined . before Mr. Justice Horton upon a charge of wilful . , , . „ . and corrupt perjury, upon the complaint oí AmosColvin, 2. private informer. The Justice ordered the defendant to recognise with surety in 500 dollars for personal appearance at and before the Supreme Court now sitting. Upon his failing to procure bail, the magistrate issued a mittimus, and returned attested copies of his proceedings into Court.

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THE defendant had been arrested and examined . before Mr. Justice Horton upon a charge of wilful . , , . „ . and corrupt perjury, upon the complaint oí AmosColvin, 2. private informer. The Justice ordered the defendant to recognise with surety in 500 dollars for personal appearance at and before the Supreme Court now sitting. Upon his failing to procure bail, the magistrate issued a mittimus, and returned attested copies of his proceedings into Court. The defendant came into Court in the custody of the officer serving the mittimus, and moved to be discharged, and that the process might be…

1Opinion of the Court

The framers of the constitution of Vermont had undoubtedly heard of the. Secretary of State’s warrants, and of the celebrated case of Wilkes and the King’s messengers, in the mother country; to encourage the revolutionary spirit- these things were actutively disseminated among the people., They therefore, not clearly distinguishing between that restraint upon the royal prerogative, which by progressive steps has established English liberty, and which should ever be precious to Englishmen, and that restraint upon magistrates elected in our republican mode, who hold their brief authority on the…

2Cited by4 opinions

  1. State v. BadgerSupreme Court of Vermont · 1982
  2. State v. PetersonWyoming Supreme Court · 1920
  3. State v. GleasonSupreme Court of Kansas · 1884
  4. State v. FreemanSupreme Court of Vermont · 1887

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