State v. Spaulding
Supreme Court of Vermont
INDICTMENT charging the respondent with the illegal sale of intoxicating liquor. Trial by jury, September Term, 1885, Orleans County, Ross, J., presiding. Verdict, guilty of one offense. It was charged in the indictment that the respondent was guilty of a second offense, but no evidence was introduced tending to prove a prior conviction. 1. It was error to admit'Norton’s testimony and the copy which he claimed to have made from the book of the internal revenue collector.
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INDICTMENT charging the respondent with the illegal sale of intoxicating liquor. Trial by jury, September Term, 1885, Orleans County, Ross, J., presiding. Verdict, guilty of one offense. It was charged in the indictment that the respondent was guilty of a second offense, but no evidence was introduced tending to prove a prior conviction. 1. It was error to admit'Norton’s testimony and the copy which he claimed to have made from the book of the internal revenue collector. It was wholly hearsay. It was incumbent upon the State to show affirmatively that the testimony comes within some…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. Did the court err in ruling that the *233respondent bad lost bis right to peremptorily challenge the juror, Hitchcock, by having once accepted him? The panel had not been sworn, the jurors had been separately examined and the respondent had said he had no objection, or no further inquiry. Whether that amounted to an acceptance of the jurors, may be questionable ; but even if it did, we think the right to peremptorily challenge jurors given by E. L. s. 1653, continues until the jurors are sworn. At common law each juror was separately called and…
2Cases cited3 opinions
- Evanston v. GunnSupreme Court of the United States · 1879
- State v. Intoxicating LiquorsSupreme Court of Vermont · 1872
- Spaulding, Foster & Co. v. VincentSupreme Court of Vermont · 1852
3Cited by9 opinions
- State v. HunterSupreme Court of Iowa · 1902
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
- State v. WhiteSupreme Court of Vermont · 1897
- Town of Ripton v. Town of BrandonSupreme Court of Vermont · 1907
- State v. NippertSupreme Court of Kansas · 1906
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