Legal Opinion

State v. Bridgman

Supreme Court of Vermont

Decided October 15, 1876PublishedCited by 47 opinions

Indictment for Adultery. The indictment alleged, with the ordinary particularity as to time and place, that the respondent, being a married man, and having a wife then living, did carnally know Chastina W. Warren, she then being a married woman and the wife of Leonard E. Warren, who was then living, and not the wife of the respondent, and with her did commit the crime of adultery by carnally knowing her.

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Indictment for Adultery. The indictment alleged, with the ordinary particularity as to time and place, that the respondent, being a married man, and having a wife then living, did carnally know Chastina W. Warren, she then being a married woman and the wife of Leonard E. Warren, who was then living, and not the wife of the respondent, and with her did commit the crime of adultery by carnally knowing her. Plea, not guilty, and trial by jury, December Term, 1874, Caledonia County, Ross, J., presiding. At the time of the alleged commission of the offence charged, the respondent and the said…

1Opinion of the Court

*206The opinion of the court was delivered by

Wheeler, J.

On the trial of an indictment like this, in which the offence is set forth with common-law strictness and certainty, the respondent is not, as a matter of legal right, entitled to any further specification of the crime for which he is tried. In prosecutions like those under the prohibitory liquor law, and perhaps some others, where a statutory form is used that only charges the respondent generally with committing some offence, without specifying the time, place, or circumstances of any particular one, the respondent is informed only that he…

2Cases cited5 opinions

  1. State v. GardnerSupreme Court of Connecticut · 1793
  2. State v. RoodSupreme Court of Vermont · 1840
  3. Thayer v. DavisSupreme Court of Vermont · 1865
  4. State v. WelchSupreme Judicial Court of Maine · 1846
  5. Pratt v. RawsonSupreme Court of Vermont · 1868

3Cited by47 opinions

  1. People v. RuefCalifornia Court of Appeal · 1910
  2. State v. MarkinsIndiana Supreme Court · 1884
  3. Agar v. StateIndiana Supreme Court · 1911
  4. People v. . ThompsonNew York Court of Appeals · 1914
  5. People v. KollerCalifornia Supreme Court · 1904

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