Legal Opinion

State v. Stimpson

Supreme Court of Vermont

Decided October 25, 1905PublishedCited by 24 opinions

State v. Stimpson was an information for statutory-rape. Plea, not guilty. Trial by jury at the March Term, 1905, Orleans County, Tyler, J., presiding. Verdict, guilty; judgment and sentence thereon. The respondent excepted. State v. Tee was an information for grand larceny. Plea, not guilty. Trial by jury at the December Term, 1904, Tamoille County, Munson, J., presiding. Verdict, guilty; judgment thereon. The respondent excepted.

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State v. Stimpson was an information for statutory-rape. Plea, not guilty. Trial by jury at the March Term, 1905, Orleans County, Tyler, J., presiding. Verdict, guilty; judgment and sentence thereon. The respondent excepted. State v. Tee was an information for grand larceny. Plea, not guilty. Trial by jury at the December Term, 1904, Tamoille County, Munson, J., presiding. Verdict, guilty; judgment thereon. The respondent excepted. In each case there was a demurrer to the information. Demurrers overruled, pro forma, and ordered to lie, to which the respondents excepted. The proceeding by…

1Opinion of the CourtRoweXu, C. J.

The case against Stimpson is an information for statutory rape, and the' one against Dee is an information for grand larceny. The principal question in the former, and the only question in the latter, is, whether section 1867 of the Vt. Sts., as amended by No. 46, Acts of 1898, and No. 64, Acts of 1904, is constitutional. It provides that state’s ’attorneys may prosecute by information all crimes except those punishable by death or by imprisonment in the state prison for life. It is claimed that said section is in contravention of the declaration in the Constitution that no person can “be…

2Cases cited28 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  3. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  4. Stuart v. LairdSupreme Court of the United States · 1803
  5. Somerville's Executors v. HamiltonSupreme Court of the United States · 1819

23 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. BrunelleSupreme Court of Vermont · 1987
  2. McInnes v. McKaySupreme Judicial Court of Maine · 1928
  3. State v. MessierSupreme Court of Vermont · 1985
  4. State v. JohnsonSupreme Court of Vermont · 1992
  5. State v. BarrSupreme Court of Vermont · 1966

19 more not listed; retrieve them via the Exa API.

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