State v. Ward
Supreme Court of Vermont
Indictment for arson. Heard on motion to quash and demurrer to plea in abatement, filed December Term, 1886, at the May Term, 1887, Caledonia County, Powers, J.,presiding. Motion overruled and demurrer sustained. The cause was passed to the Supreme Court under section 1390, R. L. The prisoner had not been arraigned at the time the plea and motion wore filed.
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Indictment for arson. Heard on motion to quash and demurrer to plea in abatement, filed December Term, 1886, at the May Term, 1887, Caledonia County, Powers, J.,presiding. Motion overruled and demurrer sustained. The cause was passed to the Supreme Court under section 1390, R. L. The prisoner had not been arraigned at the time the plea and motion wore filed. The motion to quash alleged that the indictment was returned at the June Term, 1886, by a grand jury not lawfully summoned and not lawfully qualified; that one person, viz.: Reuben Ellis, who served in finding and returning the…
1Opinion of the Court
The opinion of .the court was delivered by
Ross, J.
I. The motion to quash was properly overruled. It is based upon matters not appearing upon the record. It rests wholly on extrinsic facts, which could only be proved by parol evidence. No plea can be made to, and no issue joined upon, such a motion. It is an inappropriate mode of bringing such facts before the court. It should be founded upon facts appearing of record, or admitted and shown by the plaintiff’s own proofs. State v. Haynes, 35 Vt. 565; State v. Intoxicating Liquor, 44 Vt. 216; Waterford v. Brookfield, 2 Vt. 200; Culver v. Balch,…
2Cases cited14 opinions
- State v. HamlinSupreme Court of Connecticut · 1879
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
- State v. ChampeauSupreme Court of Vermont · 1880
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- State v. BrainerdSupreme Court of Vermont · 1884
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3Cited by10 opinions
- State v. ParkerSupreme Court of Vermont · 1932
- United States v. MitchellU.S. Circuit Court for the District of Oregon · 1905
- United States v. NevinDistrict Court, D. Colorado · 1912
- State v. BrewsterSupreme Court of Vermont · 1898
- State v. ElwellSupreme Court of Vermont · 1973
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