State v. Archibald
Supreme Court of Vermont
INDICTMENT under section 4228, R. L. The respondent demurred, and the demurrer was overruled. ' Trial by jury, December. Term, 1885, Taft, J., presiding. Verdict, guilty.
Read the full summary
INDICTMENT under section 4228, R. L. The respondent demurred, and the demurrer was overruled. ' Trial by jury, December. Term, 1885, Taft, J., presiding. Verdict, guilty. It was alleged in the second count that the respondent ‘£ with force and arms did disturb and break the public peace by his tumultuous carriage then and there exhibited to the public, to wit: the said Archibald then and thei-e with á loud, angry and boisterous voice and in a noisy and tumultuous manner in the presence of divers good citizens of this State called one G-eorge H. Day vile, vulgar, obscene and opprobrious names…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The indictment is under R. L. sec. 4228, which provides that a person who “disturbs or breaks the public peace by tumultuous and offensive carriage, by threatening, quarreling,” etc., shall be punished as prescribed; and the respondent claims that the indictment is insufficient in that it does not allege that the respondent committed either of the offenses set forth in the statute, which constitute a breach of-the public peace.
Referring to the indictment, it will be seen that it charges in the first count that the respondent, on a day…
2Cases cited2 opinions
- State v. CarpenterSupreme Court of Vermont · 1882
- State v. HanleySupreme Court of Vermont · 1875
3Cited by4 opinions
- State v. ManciniSupreme Court of Vermont · 1917
- Marcuchi v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
- State v. StegerWest Virginia Supreme Court · 1923
- Rugg v. DegnanSupreme Court of Vermont · 1922