State v. Learnard
Supreme Court of Vermont
This was a trial upon an information containing four counts, charging the respondent with burglary and larceny. Plea, not guilty. Trial by jury, at-tlie September term, 1868, Wilson, J., presiding.
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This was a trial upon an information containing four counts, charging the respondent with burglary and larceny. Plea, not guilty. Trial by jury, at-tlie September term, 1868, Wilson, J., presiding. The evidence showed the breaking and entering to have been in fact done by a boy about sixteen years old and a girl about thirteen years old. children of the respondent; that the respondent furnished them with false keys and other implements, and compelled them by threats of the most terrifying character to commit the act; he remaining at home, some over a mile distant from the store that was…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Barrett, J.
Tbe exception is to tbe omission of tbe court to charge as requested, and not to tbe charge as given. Though a cobsiderable part of tbe charge was not called for by the state of tbe evidence, and may be regarded as harmless surplusage, still that part of it applicable to, and elicited by, tbe evidence, seems to us to be correct in principle and application. We have only, then, to consider whether the. court should have complied with tbe respondent’s requests.
Tbe subject of duress was to be submitted to tbe jury upon tbe whole evidence…
2Cited by10 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Oaks v. PeopleSupreme Court of Colorado · 1962
- Commonwealth v. TrippiMassachusetts Supreme Judicial Court · 1929
- State v. ChildersOhio Supreme Court · 1938
- State v. BrownSupreme Court of Vermont · 1986
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