State v. Kelley
Supreme Court of Vermont
Indictment for the larceny of two lap robes. Plea, not guilty. Trial by jury at the March term, 1892, Washington county, Thompson, J., presiding. Verdict, guilty, and sentence on verdict. The respondent excepts. The only witness on the part of the State to the fact of the taking was one Charles Howe. The respondent was a farmer living in the town of Northfield.
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Indictment for the larceny of two lap robes. Plea, not guilty. Trial by jury at the March term, 1892, Washington county, Thompson, J., presiding. Verdict, guilty, and sentence on verdict. The respondent excepts. The only witness on the part of the State to the fact of the taking was one Charles Howe. The respondent was a farmer living in the town of Northfield. Howe worked for him on his farm, and at the time of the alleged crime was keeping there a team consisting of a horse and express wagon. Howe testified that on the night of May 22, 1891, at the suggestion of the respondent, he and the…
1Opinion of the CourtMunson, J.
It is a general rule that the charge upon which a respondent is being tried cannot be supported by proof of his having committed other offences. Rosc. Cr. Ev. 81; Shaffner v. Com., 72 Pa. St. 60, (13 Am. Rep. 649). But evidence which legitimately tends to support the charge is not to be excluded on the ground that it *534will show other offences, 1 Whar. Crim. Law § 649 ; Com. v. Choate, 105 Mass. 451. The numerous cases in which evidence of this nature has been received have been classified with more or less particularity by different text writers. Steph. Dig. Ev. Art. 11, 12; 1 Greenl. Ev. § 53…
2Cases cited9 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- State v. RaymondSupreme Court of New Jersey · 1891
- State v. BridgmanSupreme Court of Vermont · 1876
- Copperman v. . People of the State of N.Y.New York Court of Appeals · 1874
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3Cited by19 opinions
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- State v. BokienWashington Supreme Court · 1896
- State v. GarrisonSupreme Court of Missouri · 1938
- State v. FairbanksSupreme Court of Vermont · 1928
- State v. GarceauSupreme Court of Vermont · 1961
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