State v. Brewster
Supreme Court of Vermont
This was an indictment in two counts: 1. For burglary in the shop of one Brown, and stealing leather and cloth from-the same. 2. For stealing leather. The respondent, on being arraigned, interposed a motion to be dismissed, on the ground that he was forcibly, and against his will, brought from Caldwell’s Manor in Canada, the place of his residence, by citizens of this state, for the purpose of being prosecuted for the offences aforesaid.
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This was an indictment in two counts: 1. For burglary in the shop of one Brown, and stealing leather and cloth from-the same. 2. For stealing leather. The respondent, on being arraigned, interposed a motion to be dismissed, on the ground that he was forcibly, and against his will, brought from Caldwell’s Manor in Canada, the place of his residence, by citizens of this state, for the purpose of being prosecuted for the offences aforesaid. Evidence was received by the court in support of this motion; but having failed to prove the facts alleged, respondent moved for liberty to plead in bar of…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
Whether the matter on which the prisoner relies is more properly the ground of a motion to dismiss, or the subject of a plea in bar, is a question of form merely, not important to our present purpose.
It is observable, that the case does not state, that the respondent was brought out of Canada, without the assent of the constituted authorities of that province. If such assent be presumed the case *121becomes one of ordinary and common occurrence, and one in which, I believe, the practice of all civilized nations is the same. Whether there be any…
2Cited by37 opinions
- Ker v. IllinoisSupreme Court of the United States · 1886
- Mahon v. JusticeSupreme Court of the United States · 1888
- State v. BrooksSupreme Court of Missouri · 1887
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Ex parte Ah MenCalifornia Supreme Court · 1888
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