Legal Opinion

State v. Murphy

Supreme Court of Vermont

Decided May 15, 1883PublishedCited by 3 opinions

Information filed by the state’s attorney against the respondent for maintaining a nuisance. Trial by jury, September Term, 1881, Redfield, J., presiding. Verdict, guilty. The case is stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. The state’s attorney filed an information against the respondent by the name of Thomas J. Murphy, under s. 8836, R. L., for keeping and maintaining a nuisance.. To this information the respondent filed a plea in abatement alleging that his name is Timothy J. Murphy, and not Thomas J. Murphy. The court allowed the state’s attorney, on his motion, to amend the information by substituting Timothy in the place of Thomas, and overruled his plea. To this the respondent excepted. This exception is not maintainable. We do not place the decision upon…

2Cases cited1 opinion

  1. State v. ArnoldSupreme Court of Vermont · 1878

3Cited by3 opinions

  1. Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
  2. State v. NultySupreme Court of Vermont · 1885
  3. In re CrepeaultSupreme Court of Vermont · 1967

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