State v. Cook
Supreme Court of Vermont
Indictment for violation of the statute (§ 29, ch. 119, G. S.,) in relation to the enlistment of men within this state for military service without the state. It alleged that “ Perry Cook, of Fairfax, in the county of Franklin, on the 26th day of July, 1864, at Fairfax, aforesaid, with force and arms, without due authority from this state or the United States, did enlist, recruit and employ, one Edward Orton, of Fairfax aforesaid, a person in this state,” &c.
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Indictment for violation of the statute (§ 29, ch. 119, G. S.,) in relation to the enlistment of men within this state for military service without the state. It alleged that “ Perry Cook, of Fairfax, in the county of Franklin, on the 26th day of July, 1864, at Fairfax, aforesaid, with force and arms, without due authority from this state or the United States, did enlist, recruit and employ, one Edward Orton, of Fairfax aforesaid, a person in this state,” &c. The respondent demurred to the indictment because it did not appear that Edward Orton was in this state at the time the offence was…
1Opinion of the Court
The opinion of the court was delivered by
Steede, J.
The section of the statute upon which the indictment is founded is as follows: “ It any person without due authority from this state or the United States shall hereafter enlist, recruit or employ, or attempt to enlist, recruit or employ any person in this state for military service without this state, he shall be guilty of an offence against the laws of this state, and shall be punished by a fine not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than one…
2Cases cited3 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- State v. JonesSupreme Court of Vermont · 1860
- Beach v. Bay State Co.New York Supreme Court · 1858
3Cited by12 opinions
- State v. StewartSupreme Court of Vermont · 1887
- State v. ScampiniSupreme Court of Vermont · 1904
- State v. HodgsonSupreme Court of Vermont · 1893
- State v. PaigeSupreme Court of Vermont · 1906
- State v. HigginsSupreme Court of Vermont · 1880
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