State v. Noakes
Supreme Court of Vermont
Indictment for murder. General demurrers, which were overruled. Pleas, not guilty. Trial by jury at the September Term, 1896, Washington County, Ross, C. J., presiding. Verdict, guilty of manslaughter, not guilty of murder in the second degree, not guilty of murder in the first degree. The respondents excepted. The constitution insures to the accused the right to a trial by a common law jury.
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Indictment for murder. General demurrers, which were overruled. Pleas, not guilty. Trial by jury at the September Term, 1896, Washington County, Ross, C. J., presiding. Verdict, guilty of manslaughter, not guilty of murder in the second degree, not guilty of murder in the first degree. The respondents excepted. The constitution insures to the accused the right to a trial by a common law jury. Bill of Rights, Act 10; Stale v. Peterson, 41 Vt. 504. It was error to allow the State to challenge the seventh juror. It was error to allow it to challenge the first six. Tbe right of the prosecution to…
1Opinion of the Court
Thompson, J.(1) The respondents, who are husband and wife, are jointly indicted for the alleged murder of the infant child of one Emma Jones, and also as accessories before the fact to the alleged murder.
The indictment charges that the respondents “with force and arms, feloniously, wilfully, deliberately, with premeditation and of their malice aforethought, did kill and murder” said child, but does not set forth the manner in which nor the means bjr which the death of the deceased was caused. The defendants demurred to the *251indictment on the ground that it “does not apprise the respondents…
2Cases cited19 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Noles v. StateSupreme Court of Alabama · 1854
- Rowan v. StateWisconsin Supreme Court · 1872
- State v. WardSupreme Court of Vermont · 1888
- Morton v. PeopleIllinois Supreme Court · 1868
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Neusbaum v. StateCourt of Appeals of Maryland · 1928
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Burton v. Holden & Martin Lumber Co.Supreme Court of Vermont · 1941
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1948
- Mary L. Jones v. United StatesCourt of Appeals for the D.C. Circuit · 1962
29 more not listed; retrieve them via the Exa API.