Legal Opinion

State v. Coffin

Supreme Court of Vermont

Decided October 15, 1891PublishedCited by 4 opinions

Complaint of a town grand juror charging the respondent with a breach of the peace under E. L. s. 4228. Heard at the March term, 1891, Washington county, Munson, J., presiding, upon general demurrer to the complaint. Demurrer overruled, and respondent sentenced to pay a fine of two dollars and costs of prosecution. The respondent excepts. The acts alleged in the complaint do not amount to a breach of the peace when done in the day time.

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Complaint of a town grand juror charging the respondent with a breach of the peace under E. L. s. 4228. Heard at the March term, 1891, Washington county, Munson, J., presiding, upon general demurrer to the complaint. Demurrer overruled, and respondent sentenced to pay a fine of two dollars and costs of prosecution. The respondent excepts. The acts alleged in the complaint do not amount to a breach of the peace when done in the day time. It is only between sunset and sunrise that they are unlawful. E. L. ss. 4228, 4244. The complaint charges a breach of the peace in one of the modes pointed…

1Opinion of the Court

The opinion of the court was delivered by

ROSS, Ch. J.

The demurrer admits that the respondent, at the time and place named, “ did disturb and break the public peace *26by tumultuous and offensive carriage, by firing guns, blowing liorns and beating tin pans and other unnecessary and offensive noise.” The contention is whether the public peace can be disturbed and broken by the acts charged. The complaint is brought upon R. L. 4228, which provides for the punishment of a person who disturbs or breaks the public peace, “ by tumultuous and offensive carriage, by threatening, quarrelling,…

2Cases cited4 opinions

  1. State v. BenedictSupreme Court of Vermont · 1839
  2. State v. MatthewsSupreme Court of Vermont · 1870
  3. State v. RiggsSupreme Court of Vermont · 1850
  4. State v. S. S.Supreme Court of Vermont · 1801

3Cited by4 opinions

  1. Marcuchi v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
  2. State v. ChristieSupreme Court of Vermont · 1924
  3. State ex rel. Thompson v. ReichmanTennessee Supreme Court · 1916
  4. State v. BruceSupreme Court of Vermont · 1896

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