Legal Opinion

State v. Wheeler

Supreme Court of Vermont

Decided August 15, 1892PublishedCited by 1 opinion

This was a complaint of a town grand juror and came by appeal from the judgment of a justice into the County Court, where it was heard at the December term, 1891, Thompson, J., presiding.

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This was a complaint of a town grand juror and came by appeal from the judgment of a justice into the County Court, where it was heard at the December term, 1891, Thompson, J., presiding. The complaint alleged : “ That Charles Wheeler, of Hyde Park, in the County of Lamoille, and State of Yermont, on the 7th day of August, A. D. 1891, at Morristown, in said County of Lamoille, did with force and arms become and was intoxicated, by drinking intoxicating liquor, contrary to the form and effect of the statute, in such cases made and provided, and against the peace and dignity of the State.” The…

1Opinion of the Court

The opinion of the court was delivered by

ROWELL, J.

That the amendment was matter of substance is shown by State v. Austin, 62 Vt. 291. It was not, *570therefore, authorized by K. L. 3857, for that does not authorize .amendments as to matters of substance. Nor was it authorized by sec. 2, No. 86 of the Acts of 1882, for conviction could not be had without the amendment, hence it was “material to the merits of the case,” and the respondent would be “ prejudiced thereby in his defence.” We must look, then, to the common law for warrant to allow it, and it is not allowable there unless within the…

2Cases cited1 opinion

  1. State v. AustinSupreme Court of Vermont · 1890

3Cited by1 opinion

  1. State v. BrownSupreme Court of Vermont · 1900

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