State v. Batchelder
Supreme Court of Vermont
This cause came from a justice up to the county court. It was a complaint against the respondent for firing on training day without being embodied under the command of a commissioned officer contrary to the statute.
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This cause came from a justice up to the county court. It was a complaint against the respondent for firing on training day without being embodied under the command of a commissioned officer contrary to the statute. Plea to the jurisdiction of the justice who tried the complaint on the ground that he was a citizen and rated inhabitant of the town in which the offence was committed and into the treasury of which the fine was to be paid ; to which plea there was a demurrer and join-der. The court overruled this plea and decided that the justice had jurisdiction ; to which decision the…
1Opinion of the Court
The opinion of the court was pronounced by
Mattocks, J.
— The main question in this case is, whether the justice, who was a rated inhabitant of the town where the offence was committed, and into the treasury of which town the fine was to be paid, had jurisdiction of the cause. Considerable learning and research have been shown by the respondent’s counsel, to shew that by the common law, witnesses, jurors and judges, are incapacitated by being interested. This as to witnesses and jurors, is clearly shown by the authorities cited, and as to judges, that they are not to try causes wherein they are…
2Cases cited1 opinion
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
3Cited by7 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888
- State v. SawtelleSupreme Court of New Hampshire · 1891
- Vermont Supreme Court Administrative Directive No. 17 v. Vermont Supreme CourtSupreme Court of Vermont · 1990
- Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
- State v. SuttonSupreme Court of Vermont · 1901
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