State v. Town of Newfane
Supreme Court of Vermont
This was an indictment for not making and opening a road. The indictment charged, “ that, at a county court begun “ and holden at Newfane, within and for the county of “ Windham, on the second Tuesday of April in the year “ one thousand eight hundred and thirty six, the report of a “committee theretofore appointed by said court to lay out' “ a road, or highway, from the county road passing through “ Williamsville in Newfane, near where said road is inter- “ sected by Baker’s…
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This was an indictment for not making and opening a road. The indictment charged, “ that, at a county court begun “ and holden at Newfane, within and for the county of “ Windham, on the second Tuesday of April in the year “ one thousand eight hundred and thirty six, the report of a “committee theretofore appointed by said court to lay out' “ a road, or highway, from the county road passing through “ Williamsville in Newfane, near where said road is inter- “ sected by Baker’s brook, thence to the mouth of pond “ brook, thence up pond brook to the mouth of Kimball’s “ brook, and thence to the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— The defendants, in this case, claim that the court below should have dismissed this indictment upon the ground that one of the grand jurors, who made this presentment, was a-rateable inhabitant of Newfane ; and therefore, interested in the subject matter of it. It is a sufficient answer to this objection, to say, that it is not competent for the defendants to make it. The juror was interested in shielding the town from indictment, and if his interest operated upon the mind of this juror, it is to be presumed that its operation was…
2Cited by4 opinions
- State v. BrewsterSupreme Court of Vermont · 1898
- State v. BrainerdSupreme Court of Vermont · 1884
- State v. WithrowSupreme Court of Arkansas · 1886
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907