State v. Locklin
Supreme Court of Vermont
INDICTMENT for a breach of the peace. Heard on demurrer to the respondent’s plea, September Term, 1886, Powers, J., presiding. The indictment ’ in this case alleged that the respondent * * '* “ did disturb and break the public peace by tumultuous and offensive carriage by assaulting and- striking one Martin Hill,” etc.
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INDICTMENT for a breach of the peace. Heard on demurrer to the respondent’s plea, September Term, 1886, Powers, J., presiding. The indictment ’ in this case alleged that the respondent * * '* “ did disturb and break the public peace by tumultuous and offensive carriage by assaulting and- striking one Martin Hill,” etc. The plea set out the former indictment, wherein it was alleged that the respondent made an assault upon one Herman Hill “ with a certain dangerous weapon, that is to say with a knife, etc., * * * of malice aforethought, to kill and murder,” etc. It was also alleged as stated in…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The respondent’s plea sets forth another indictment for an assault upon Herman Hill,- of the same date with the one under consideration. The one under consideration is for an assault upon Martin Hill. The plea alleges that the assault chai'ged in the present indictment is “a part of one and the same breach ■ of the peace ” charged in the former indictment, for which he has been convicted; and that the assault charged in the present indictment was ‘ ‘ incident to and a part of the assault ” for which he has been convicted, and prays for a…
2Cited by8 opinions
- State v. DesoSupreme Court of Vermont · 1938
- Franklin v. StateSupreme Court of Georgia · 1890
- State v. O'BrienSupreme Court of Vermont · 1934
- State v. ClimieNorth Dakota Supreme Court · 1903
- State v. JangrawSupreme Court of Vermont · 1888
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