State v. Perkins
Supreme Court of Vermont
Complaint charging the respondent with the illegal sale of intoxicating liquor. Heard on motion to dismiss, April Term, 1886. Motion pro forma overruled.
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Complaint charging the respondent with the illegal sale of intoxicating liquor. Heard on motion to dismiss, April Term, 1886. Motion pro forma overruled. The motion was based on the fact that the justice of the peace to whom said complaint was exhibited, did not, at the time, make a minute thereon, in writing, under his official signature, of the day, month, and year, when the complaint was so exhibited to him. cited 2 Aik. 249; 15 Yt. '435: 17 Yt. 145; 6 Yt. 282. cited Heard Cr. L. 303; State v. Arnold, 50 Yt. 731; State v. Murphy, 55 Yt. 547; 2 Euss. Cr. 94; Waterman v. B. B. Go. 30 Yt.…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
It appears from the justice’s record that the respondent seasonably filed a motion before the justice to dismiss the complaint on the ground that the magistrate, to whom the same was exhibited, did not make a minute thereon in writing, under his official signature, of the day, month, and year when the same was exhibited to him as required by sec. 1719 R. L., which motion was overruled by the justice and the prosecution was granted leave to amend by then making a minute on the complaint of the time when the complaint was exhibited to the…
2Cases cited2 opinions
- State v. BartlettSupreme Court of Vermont · 1839
- Wheelock v. SearsSupreme Court of Vermont · 1847
3Cited by5 opinions
- People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
- State v. WakefieldSupreme Court of Vermont · 1888
- Taft v. TaftSupreme Court of Vermont · 1909
- Town of Brighton v. KelseySupreme Court of Vermont · 1905
- State v. HarreSupreme Court of Vermont · 1937