State v. Sutton
Supreme Court of Vermont
Indictment for criminal defamation. The respondent demurred, and at the March Term, 1901, Washington County, Watson, J., presiding, pending hearing on the demurrer, objected to Judge Watson sitting in the case. This objection was overruled, pro forma, and upon hearing, the demurrer was overruled, pro forma. The respondent excepted.
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Indictment for criminal defamation. The respondent demurred, and at the March Term, 1901, Washington County, Watson, J., presiding, pending hearing on the demurrer, objected to Judge Watson sitting in the case. This objection was overruled, pro forma, and upon hearing, the demurrer was overruled, pro forma. The respondent excepted. The one great object of our constitution and laws is to provide courts and magistrates for the administration of justice free from any and all influences having the slightest tendency to partiality. We have broadened rather than restricted the common law upon the…
1Opinion of the Court
Rowell J.
This is an indictment under section 5072 of the Vermont Statutes, for defaming this court, and a judg•ment thereof, and the judges of the court as to said judgment. It is objected that Judge Watson, who sat below, was disqualified by reason of interest in the event of the cause or matter, for that he is one of the judges alleged to* have been defamed.
It is a pecuniary interest that disqualifies, and Judge Wat■.son is no more interested in. this case in that respect than he is in every other criminal case that he tries, and that interest is ■too small for the law’s notice. State v.…
2Cases cited4 opinions
- Royce v. MaloneySupreme Court of Vermont · 1886
- Darling v. ClementSupreme Court of Vermont · 1897
- State v. BatchelderSupreme Court of Vermont · 1834
- Norton v. LivingstonSupreme Court of Vermont · 1892
3Cited by8 opinions
- Beauharnais v. IllinoisSupreme Court of the United States · 1952
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
- Citizens' Savings Bank & Trust Co. v. Fitchburg Mutual Fire InsuranceSupreme Court of Vermont · 1912
- State v. JurrasSupreme Court of Vermont · 1923
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