Legal Opinion

State v. Munger

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 24 opinions

This was an indictment as follows, for selling spirituous liquors by small measure. “ State oe Vermont, Rutland County, ss. ‘ Be it remembered that, at a term of the county court ‘begun and holden at Rutland, within and for the county of ‘ Rutland aforesaid, on the second Tuesday of September, in ‘ the year of our Lord one thousand eight hundred and forty, ‘ the grand jurors, within and for the body of the county of ‘ Rutland aforesaid, now here in court duly impannelled and…

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This was an indictment as follows, for selling spirituous liquors by small measure. “ State oe Vermont, Rutland County, ss. ‘ Be it remembered that, at a term of the county court ‘begun and holden at Rutland, within and for the county of ‘ Rutland aforesaid, on the second Tuesday of September, in ‘ the year of our Lord one thousand eight hundred and forty, ‘ the grand jurors, within and for the body of the county of ‘ Rutland aforesaid, now here in court duly impannelled and ‘ sworn, upon their oath present, that Carlton A. Munger, of ‘Rutland, in the county of Rutland aforesaid, on the first…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

Under the motion in arrest, several objections are urged against the sufficiency of this indictment,which *295we will first consider. The general requisites of an indictment require it to be framed with so much certainty, as to identify the offence, that the grand jury may not find a bill for one offence, and the prisoner be tried for another ; and that he may know what accusation he has to meet, and the jury be able to give a verdict upon it, and the court to see such a definite crime, that they may apply the punishment which the law has…

2Cited by24 opinions

  1. Grattan v. StateSupreme Court of Alabama · 1882
  2. State v. ScampiniSupreme Court of Vermont · 1904
  3. State v. HodgsonSupreme Court of Vermont · 1893
  4. Booth v. United StatesCourt of Appeals for the Ninth Circuit · 1912
  5. State v. BielbyWisconsin Supreme Court · 1866

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