Legal Opinion

State v. Bedard

Supreme Court of Vermont

Decided July 1, 1892PublishedCited by 10 opinions

Indictment for rape. Trial by jury at the April term, 1891, Chittenden county, Thompson, J., presiding. Verdict of guilty. Exceptions by the respondent. The case appears in the opinion. It was error to permit the State to show that the prosecu-trix cried all the way -home. States. Davidson, 30 Vt. 377 ; Cleveland R. R. Co. v. Newell, 48 Vt. 636; Whar. Crim.

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Indictment for rape. Trial by jury at the April term, 1891, Chittenden county, Thompson, J., presiding. Verdict of guilty. Exceptions by the respondent. The case appears in the opinion. It was error to permit the State to show that the prosecu-trix cried all the way -home. States. Davidson, 30 Vt. 377 ; Cleveland R. R. Co. v. Newell, 48 Vt. 636; Whar. Crim. Ev., §§ 262, 263, 268, 271, 272, and notes; Lamoille N. A. & C. R. Co. v. Wood, (Ind.) 12 WestenTRep. 311. The respondent should have been allowed to show the conversations tending to establish his alibi. Whart. Crim. Ev., § 743; Hilly.…

1Opinion of the CourtMunson, J.

The respondent is charged with having committed the crime of rape upon the person of one Mary Pratt. The State claimed that just before the commission of this offence Miss Pratt and one Gonyeau, who was accompanying her, were attacked by the respondent and two persons named Blow and Wilkins. Gonyeau, being called as a witness for the State, identified the respondent as one of the persons who made this assault, and also testified that on the morning following the assault he saw the respondent and Blow at Winooski, and then recognized them as two of his assailants. It further appeared from his…

2Cases cited1 opinion

  1. People v. BattersonNew York Supreme Court · 1888

3Cited by10 opinions

  1. State v. ShattuckSupreme Court of Vermont · 1982
  2. Slack v. BraggSupreme Court of Vermont · 1910
  3. Hanks v. StateNebraska Supreme Court · 1911
  4. Berry v. DoolittleSupreme Court of Vermont · 1909
  5. In Re Sawyer's WillSupreme Court of Vermont · 1930

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