In re Rogers
Supreme Court of Vermont
Petition for writ of Habeas Corpus. The petition was made returnable before Stafford, J., and by agreement of counsel was adjourned into the May Term, 1903, of Supreme Court. The mittimus does not properly describe the crime. V. S. 5417, F. 54; In re McLaughlin, 58 Vt. 136; State v. Austin, 62 Yt. 291. It was not lawful for the Court to impose a fine with costs. No. 90, Acts of 1902, s. 97. V. S. 1864 does not apply.
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Petition for writ of Habeas Corpus. The petition was made returnable before Stafford, J., and by agreement of counsel was adjourned into the May Term, 1903, of Supreme Court. The mittimus does not properly describe the crime. V. S. 5417, F. 54; In re McLaughlin, 58 Vt. 136; State v. Austin, 62 Yt. 291. It was not lawful for the Court to impose a fine with costs. No. 90, Acts of 1902, s. 97. V. S. 1864 does not apply. The alternative sentence for a second offense of intoxication is imprisonment in the county jail for thirty days. Acts of 1902, supra; 21 Ency. Law, 936. The defect in the…
1Opinion of the CourtTyler, J.
This is, a petition for a writ of habeas corpus, alleging that the relator is unlawfully imprisoned and restrained .of his liberty in the county jail in the city of Montpelier, by the city sheriff, by virtue of a certain mittimus that was issued by the City Court.
The relator bases his petition upon three grounds: 1st, that the alternative sentence should have been confinement in the county jail for thirty days, whereas the sentence was confinement in the House of Correction for as many days as thrice the number of dollars to be paid by the sentence; 2nd, that the sentence was unlawful in…
2Cases cited2 opinions
- In re ThayerSupreme Court of Vermont · 1897
- State v. AustinSupreme Court of Vermont · 1890
3Cited by5 opinions
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- Carpenter v. BerrySupreme Court of New Hampshire · 1948