State v. Burt
Supreme Court of Vermont
This was an indictment for impeding an officer, and was as follows, after the formal part: “that Alanson Burt, &c., of, &c., on “the second day of January, A. D. 1852, with force and arms, at “ Newbury aforesaid, in and upon one Andrew Renfrew, then and “ there being, constable and collector for the town of Newbury “ aforesaid, under the authority of this state, and in the execution “ of his said office, then and there also being, an assault did make, “ and him the said…
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This was an indictment for impeding an officer, and was as follows, after the formal part: “that Alanson Burt, &c., of, &c., on “the second day of January, A. D. 1852, with force and arms, at “ Newbury aforesaid, in and upon one Andrew Renfrew, then and “ there being, constable and collector for the town of Newbury “ aforesaid, under the authority of this state, and in the execution “ of his said office, then and there also being, an assault did make, “ and him the said Andrew Renfrew, so being constable and collect- “ or as aforesaid, and in the execution of his said office, did impede “ and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Cn. J.
This indictment is clearly insufficient, for the offence of impeding the officer, under the statute, as was held in State v. Downer et al., 8 Vt. 424.
But it seems to us, that it is sufficient for a common assault, as at common law, or under the general statute, upon the matter of breach of the peace. The count in this indictment differs in but two particulars, in its legal effect, so far as I have noticed, from the first count in the indictment, in the case of State v. Downer et al., which was held good. 1. It does not allege a battery,…
2Cases cited1 opinion
- State v. DownerSupreme Court of Vermont · 1836
3Cited by10 opinions
- State v. CarpenterSupreme Court of Vermont · 1882
- State v. ThorntonSupreme Court of Vermont · 1884
- State v. . GoldstonSupreme Court of North Carolina · 1889
- State v. CoxMissouri Court of Appeals · 1891
- State v. HanlonSupreme Court of Vermont · 1890
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