Legal Opinion

State v. Wilson

Supreme Court of Vermont

Decided August 10, 1907PublishedCited by 18 opinions

Information for misprision of felony. Heard on demurrer to the information at the October Term, 1906, Essex County, Tyler, J., presiding. Demurrer overruled, and information adjudged sufficient. The respondent excepted.

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Information for misprision of felony. Heard on demurrer to the information at the October Term, 1906, Essex County, Tyler, J., presiding. Demurrer overruled, and information adjudged sufficient. The respondent excepted. The information charged that: “John Cunningham, alias Jack Somers, of Tops-ham, in the County of Sagadahoc and State of Maine, on the 3rd day of July, A. D. 1906, at Concord, in the County of Essex and State of Vermont, with force and arms, one five-dollar bill of good and lawful money of the United States of the value of five dollars, one one-dollar bill of good and lawful…

1Opinion of the CourtWatson, J.

Misprision of felony is an offence at common law and is described as a criminal neglect either to prevent a felony from being committed, or to bring the offender to justice after its commission, but without such previous concert with or subsequent assistance of him, as will make the concealer an accessory before or after the fact. 1 Hale P. C. 374; 1 Hawk. P. C. ch. 7, sec. 2; 1 Chit. Cr. L. 3; 1 Bish. Cr. L. sec. 717; 4 Steph. Com. 269.

As a part of V. S. ch. 211, touching the crime of treason, section 4883 relates to misprision of treason. The respondent contends that by this section the…

2Cases cited4 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. State v. KeyesSupreme Court of Vermont · 1836
  3. Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
  4. Bishop v. CommonwealthSupreme Court of Virginia · 1856

3Cited by18 opinions

  1. Pope v. StateCourt of Appeals of Maryland · 1979
  2. Commonwealth v. LopesMassachusetts Supreme Judicial Court · 1945
  3. Wlock v. Fort Dummer MillsSupreme Court of Vermont · 1925
  4. United States v. Lavelle PhillipsCourt of Appeals for the Ninth Circuit · 2016
  5. People v. LefkovitzMichigan Supreme Court · 1940

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