State v. Albano
Supreme Court of Vermont
Indictment for assault with intent to bill and murder, being armed with a dangerous weapon. Plea, not guilty. Trial by jury at the September Term, 1916, Washington County, Fish, J., presiding. Verdict guilty of assault with intent to kill. Respondent excepted. It was claimed by respondent that the shooting was done by him in self-defence.
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Indictment for assault with intent to bill and murder, being armed with a dangerous weapon. Plea, not guilty. Trial by jury at the September Term, 1916, Washington County, Fish, J., presiding. Verdict guilty of assault with intent to kill. Respondent excepted. It was claimed by respondent that the shooting was done by him in self-defence. As bearing upon the claim of self-defence, he offered to show that, prior to the assault, Cerutti, the complaining witness, was living as a boarder in the house with respondent’s wife from whom respondent had parted; that before respondent left his home…
1Opinion of the CourtMiles, J.
This is a prosecution charging the respondent with assaulting one Cerutti with intent to kill and murder him, being armed with a dangerous weapon. On trial the respondent was found guilty and the case comes here upon exceptions to the exclusion of evidence, to the failure of the court to charge, to the overruling of the respondent’s motion to set the verdict aside, and to the overruling of the respondent’s motion in arrest of judgment. There was no question on the trial but that the respondent on the second day of July, 1916, fired at and wounded *53Cerutti, and that the shooting was done with a…
2Cases cited9 opinions
- State v. SmithSupreme Court of Vermont · 1871
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- Citizens' Savings Bank & Trust Co. v. Fitchburg Mutual Fire InsuranceSupreme Court of Vermont · 1912
- Rogers v. BigelowSupreme Court of Vermont · 1916
- Howland v. DaySupreme Court of Vermont · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. DesoSupreme Court of Vermont · 1938
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- Hine v. McNerneySupreme Court of Connecticut · 1922