State v. Clark
Supreme Court of Vermont
Information for adultery. Plea, not guilty. Trial by jury at the June Term, 1909, Orange County, Taylor, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The respondent moved in arrest of judgment for that the information does not charge the alleged act to have been done “feloniously,” and for that it does not allege that at the time of the act charged the respondent and her paramour were not husband and wife.
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Information for adultery. Plea, not guilty. Trial by jury at the June Term, 1909, Orange County, Taylor, J., presiding. Verdict, guilty, and judgment thereon. The respondent excepted. The respondent moved in arrest of judgment for that the information does not charge the alleged act to have been done “feloniously,” and for that it does not allege that at the time of the act charged the respondent and her paramour were not husband and wife. Motion denied, to which the respondent excepted. Subject to the objection and exception of the respondent, the State’s Attorney, in his argument to the…
1Opinion of the CourtMunson, J.
The respondent has been convicted of adultery, and claims a reversal on four grounds; one of which — an objection to the argument — is clearly without merit, and need not be considered.
The court charged the jury that the presumption of innocence does not have the force of evidence, and is not to be weighed as such. The reverse of this proposition is the settled law of this jurisdiction. State v. Marston, 82 Vt. 250, 72 Atl. 1075.
The respondent moved in arrest of judgment for that the information did not allege that the respondent and the person with whom the act was alleged to have been…
2Cases cited9 opinions
- Reagan v. United StatesSupreme Court of the United States · 1895
- State v. ScottSupreme Court of Missouri · 1891
- State v. ScottSupreme Court of Vermont · 1852
- State v. DouglasSupreme Court of Kansas · 1894
- State v. MarstonSupreme Court of Vermont · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Coomer, Jr.Supreme Court of Vermont · 1933
- State v. HallSupreme Court of Vermont · 1923
- Belock v. State Mutual Fire Insurance Co.Supreme Court of Vermont · 1936
- State v. DugeeSupreme Court of Vermont · 1929
- State v. EatonSupreme Court of Vermont · 1918
3 more not listed; retrieve them via the Exa API.