State v. Eaton
Supreme Court of Vermont
Information for Adultery. Plea, not guilty. Trial by jury at the Special June Term, 1917, Windsor County, Sta/nton, J., presiding. Verdict guilty. After verdict and before judgment, respondent moved in arrest of judgment, for that the information was fatally defective in that it failed to allege whether the particeps criminis was married or single, or, in fact, that she was a woman. Motion overruled. Respondent excepted.
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Information for Adultery. Plea, not guilty. Trial by jury at the Special June Term, 1917, Windsor County, Sta/nton, J., presiding. Verdict guilty. After verdict and before judgment, respondent moved in arrest of judgment, for that the information was fatally defective in that it failed to allege whether the particeps criminis was married or single, or, in fact, that she was a woman. Motion overruled. Respondent excepted. The information alleged that respondent “being then and there a married man, and having a lawful wife then in life, did carnally know one Rena M. Brittell and with her did…
1Opinion of the CourtWatson, C. J.
After verdict and before judgment, the respondent moved in arrest of judgment, for that the information is fatally defective in not alleging whether or not the particeps criminis was married or single, or in fact .that the person named was a woman.
The respondent relies upon State v. Bisbee, 75 Vt. 293, 54 Atl. 1081, as an authority in support of the motion. That case was decided by this Court in 1903, when sections 5055 and 5056 of the Vermont Statutes were in force, and it was stated by the Court in the opinion therein rendered that the indictment in State v. Searle, 56 Vt. 516, was held bad…
2Cases cited8 opinions
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- Benedict v. Union Agricultural SocietySupreme Court of Vermont · 1902
- Gorman v. CommonwealthSupreme Court of Pennsylvania · 1889
- State v. FreemanSupreme Court of Vermont · 1891
- State v. ClarkSupreme Court of Vermont · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. RyeaSupreme Court of Vermont · 1923
- State v. PalmerSupreme Court of Vermont · 1920
- State v. BrittellSupreme Court of Vermont · 1918