State v. Clark
Supreme Court of Vermont
Indictment for murder. Upon the trial no exception was taken by the respondent to the rulings of the court, except in the particulars hereinafter stated.
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Indictment for murder. Upon the trial no exception was taken by the respondent to the rulings of the court, except in the particulars hereinafter stated. The court charged the jury that they were judges of the law as well as of the facts ; that it was the duty of the court to instruct them as to what the law was ; that it was their duty to find and regard the law as it really was, and not as they might think it ought to be ; but that they had the right if in their sound judgment and conscientious belief they thought the law was different from what the court told them it was, to hold it to be…
1Opinion of the CourtBarrett, J.
It seems that no exception was taken to the charge of the court till after the verdict had been returned. It is an established rule, conformable to which the practice has been uniform so far as we know, that exception to a charge must be taken at the close of the charge, and before the jury retire from the jury-box. Under this rule the case is not properly before this court.
But if it was, in our opinion the. point made is untenable. In the first place, it is not claimed that the instructions given to the jury are erroneous. In the next place, no aspect or posture of the case is presented,…
2Cited by4 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Godwin v. BryanSupreme Court of Florida · 1878
- Taylor v. RandallSupreme Court of Colorado · 1877
- Thrall v. HortonSupreme Court of Vermont · 1872