State v. Bartlett
Supreme Court of Vermont
Indictment, for stealing two oxen. Plea, Not Guilty. Upon the trial in the court below, testimony was introduced tending to show that the respondent stole the oxen, in the Province of Lower Canada, and drove them into this county where he sold them. The respondent contended that, though the jury should find the facts which the testimony tended to prove, still the indictment could not be maintained.
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Indictment, for stealing two oxen. Plea, Not Guilty. Upon the trial in the court below, testimony was introduced tending to show that the respondent stole the oxen, in the Province of Lower Canada, and drove them into this county where he sold them. The respondent contended that, though the jury should find the facts which the testimony tended to prove, still the indictment could not be maintained. But the court charged the jury, that if they found, from the testimony, that the oxen were stolen by the respondent, in Canada, and were driven by him into this county, the indictment was…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.,
The motion in arrest of judgment, founded upon the insufficiency of the minute, made by the clerk, upon the indictment, at the time it was-found by the grand jury, does not seem to be well founded. The minute was in this form ; “ Received and filed this 29th 1838,” properly signed by the clerk. In determining upon the sufficiency of the pleadings, on motion in arrest, which always proceeds *653upon some alleged defect in the record, the court will always look into the whole record. The object of the statute, in requiring this minute ,to be…
2Cases cited1 opinion
- Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
3Cited by17 opinions
- Archer v. StateIndiana Supreme Court · 1886
- State v. BrewsterSupreme Court of Vermont · 1898
- Van Buren v. StateNebraska Supreme Court · 1902
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1970
- State v. BennettSupreme Court of Iowa · 1863
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