State v. Wheeler
Supreme Court of Vermont
This was an information by the state attorney, alleging, “ That Daniel Wheeler, of &c. on fee. one two years old steer, of a red colour, of the value of twenty dollars, of the goods and chattels of one Ebenezer Davis, of &c. in a certain field belonging to one Simeon Morse, of &c., with force and arms, feloniously and wil-fully, maliciously, mischieveously and wickedly, then and there did kill.”
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This was an information by the state attorney, alleging, “ That Daniel Wheeler, of &c. on fee. one two years old steer, of a red colour, of the value of twenty dollars, of the goods and chattels of one Ebenezer Davis, of &c. in a certain field belonging to one Simeon Morse, of &c., with force and arms, feloniously and wil-fully, maliciously, mischieveously and wickedly, then and there did kill.” There was a second count setting forth the offence as in the first, except that it alleged the steer was the goods and chattels of some person unknown ; and that the respondent with force and arms,…
1Opinion of the Court
Prentiss, Ch. J.,
delivered the opinion of the Court. — If the matter in the information is charged as a felony, and is to be considered as so laid, it would seem that judgement could not properly be rendered upon it as for a misdemeanor. Though it was held in some of the old cases, that when a misdemeanor was indicted as a felony,and there was a conviction on the indictment,judgement might be given as for a misdemeanor, it is fully established by the modern authorities, that the indictment in such case is bad, and that the judgement must be altogether arrested.—(Rex vs. Westbeer, 2 Stra.…
2Cases cited1 opinion
- Commonwealth v. NewellMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- State v. TulloSupreme Judicial Court of Maine · 1976
- State v. MuzzySupreme Court of Vermont · 1913
- Illies v. KnightTexas Supreme Court · 1848
- State v. SlingerlandNevada Supreme Court · 1885