State v. Bruce
Supreme Court of Vermont
Indictment for breach of the peace. Plea, former conviction. Heard at the September term, 1895, Washington county, upon the demurrer of the state to this plea. Demurrer sustained. Thereupon the respondent being ordered to plead over without prejudice, a trial by jury was had resulting in a verdict of guilty. Judgment and sentence on verdict. The respondent excepted to the action of the court in sustaining the demurrer.
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Indictment for breach of the peace. Plea, former conviction. Heard at the September term, 1895, Washington county, upon the demurrer of the state to this plea. Demurrer sustained. Thereupon the respondent being ordered to plead over without prejudice, a trial by jury was had resulting in a verdict of guilty. Judgment and sentence on verdict. The respondent excepted to the action of the court in sustaining the demurrer. The agreement to hold the case open did not oust the jurisdiction of the justice. Dunn v. State, 35 Am. Dec. 63-65 ; Hardin v. State, 12 Tex. App. 186; Bowden v. State, 1 Tex.…
1Opinion of the CourtStart, J.
The indictment charged the respondent with the crime of breaking and disturbing the public peace, to which he pleaded in bar a former conviction for the same offence. To this plea, the state’s attorney filed a general demurrer. The demurrer was sustained and the plea adjudged insufficient, to which the respondent excepted.
It appears from the record of the claimed former conviction set forth in the plea, that, on the 1st day of August, 1894, a prosecution was commenced before a justice of the peace upon the complaint of a grand juror for the town of Barre ; that the respondent was brought…
2Cases cited4 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- State v. WakefieldSupreme Court of Vermont · 1888
- Palmer v. YagerWisconsin Supreme Court · 1865
- Brown v. StacySupreme Court of Vermont · 1837
3Cited by3 opinions
- State v. DonaldsonSupreme Court of Vermont · 1929
- Wescott v. BriereSupreme Court of Vermont · 1941
- State v. HarreSupreme Court of Vermont · 1937