Legal Opinion

State v. Cram

Supreme Court of Vermont

Decided May 15, 1895PublishedCited by 4 opinions

Indictment for murder against the respondent and James Bow. Plea, not guilty. The respondents were tried jointly .at the September term, Orleans county, 1894, Tyler, J., presiding. Bow was acquitted and the respondent found guilty of manslaughter. The respondent excepts. The state offered in evidence the declarations of Bow, made after the alleged killing and not in the presence of the respondent. The respondent objected for that they were not admissible as against him.

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Indictment for murder against the respondent and James Bow. Plea, not guilty. The respondents were tried jointly .at the September term, Orleans county, 1894, Tyler, J., presiding. Bow was acquitted and the respondent found guilty of manslaughter. The respondent excepts. The state offered in evidence the declarations of Bow, made after the alleged killing and not in the presence of the respondent. The respondent objected for that they were not admissible as against him. The evidence was admitted as against Bow, and the jury were instructed that they must •consider it only as against him. To…

1Opinion of the CourtMunson, J.

The respondent Cram and James Bow were jointly indicted for murder. Neither asked for a separate trial, and the two were tried together. Whatever was admissible against one was admissible on the trial of both, under proper restrictions as to its effect. This included evidence of any statements of Bow which had a legitimate tendency to incriminate him, even though of a character preju•dical to Cram. State v. Fuller, 39 Vt. 74.

But it is insisted that some parts of the statements shown to have been made by Bow were not admissible as against him, and were for that reason improperly in the case.…

2Cases cited1 opinion

  1. State v. FullerSupreme Court of Vermont · 1866

3Cited by4 opinions

  1. State v. FournierSupreme Court of Vermont · 1896
  2. State v. SargoodSupreme Court of Vermont · 1904
  3. Itow v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  4. Gonzalus v. StateCourt of Criminal Appeals of Oklahoma · 1912

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