State v. Damon
Supreme Court of Vermont
PLEA of auterfoits convict, in bar. The indictment charged the defendant with an assault and battery on one Elias Doty, at Wallingford, on the 24th of March, A. D. 1802. And now the said Joseph Damon, in his own proper person here in Court, in the custody of the sheriff, comes, &c. and to the said indictment here in Court found against him for an assault, battery, wounding, &c. made on the 24th day of March, 1802, on the body of Elias Doty, at Wallingford, in said County, he…
Read the full summary
PLEA of auterfoits convict, in bar. The indictment charged the defendant with an assault and battery on one Elias Doty, at Wallingford, on the 24th of March, A. D. 1802. And now the said Joseph Damon, in his own proper person here in Court, in the custody of the sheriff, comes, &c. and to the said indictment here in Court found against him for an assault, battery, wounding, &c. made on the 24th day of March, 1802, on the body of Elias Doty, at Wallingford, in said County, he the said respondent says, that he has been once before convicted for the same breach of law, whereof he is now here…
1Opinion of the Court
Curia.
It appears that the defendant wounded two persons in the same affray, at the same instant of time, and with the same stroke. On a regular complaint made, he has been convicted before a Court of competent jurisdiction, for assaulting, beating and wounding Frederick Miller, one of those persons. He stands here indicted for assaulting, beating and wounding Elias Doty, the other of those persons; and the defendant pleads in bar the former conviction, which he alleges to have been for the same offence. The only question is, whether the defendant has been already legally convicted of the…
2Cited by14 opinions
- Richardson v. StateIndiana Supreme Court · 1999
- Clem v. StateIndiana Supreme Court · 1873
- People v. MajorsCalifornia Supreme Court · 1884
- State v. ColgateSupreme Court of Kansas · 1884
- Moundsville v. FountainWest Virginia Supreme Court · 1885
9 more not listed; retrieve them via the Exa API.