State v. LaBounty
Supreme Court of Vermont
Indictment in two counts for killing a cow by means of poison. Heard upon tbe respondent’s general demurrer at tbe September term, 1890, Ross, J., presiding. Tlie court overruled the demurrer. Exceptions by the respondent.
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Indictment in two counts for killing a cow by means of poison. Heard upon tbe respondent’s general demurrer at tbe September term, 1890, Ross, J., presiding. Tlie court overruled the demurrer. Exceptions by the respondent. The indictment was as follows : “ The Grand Jurors within and for the body of the County of Franklin aforesaid, now here in court, duly empannelled and sworn upon their oath present: That A. C. LaBounty of Franklin, in said County of Franklin on to wit: the 22d day of August, A. D. 1890, at Franklin aforesaid did feloniously, unlawfully and maliciously kill, with and by…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
Both counts of this indictment charge offences under R. L. s. 4191.
The first count is good. It charges the killing of a cow, the property of one Record, by respondent, in accordance with the form given in Bishop’s “ Directions and Forms,” Sec. 713, for an indictment under the English “ Black Act” creating a felony under the words, “Unlawfully and maliciously kill, maim or wound any cattle.” The words, “ With and by means of poison,” in this count sufficiently charge the mode of killing. The gist of the offence is the felonious, wilful and…
2Cases cited2 opinions
- State v. MungerSupreme Court of Vermont · 1843
- State v. PrattSupreme Court of Vermont · 1882
3Cited by1 opinion
- State v. TakanoWashington Supreme Court · 1916