Legal Opinion

State v. Drown

Supreme Court of Vermont

Decided November 10, 1911PublishedCited by 7 opinions

Information charging rape. Record that the respondent was arraigned and thereon pleaded not guilty, but in fact there was neither arraignment nor plea. Trial by jury at the June Term, 1911, Windsor County, Butler, J., presiding. Verdict, guilty.

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Information charging rape. Record that the respondent was arraigned and thereon pleaded not guilty, but in fact there was neither arraignment nor plea. Trial by jury at the June Term, 1911, Windsor County, Butler, J., presiding. Verdict, guilty. After verdict and before judgment, the .respondent moved to set aside the verdict for that he did not plead to the information, and also moved for an order that the record be amended and corrected by striking therefrom the minute of' the arraignment of the respondent and his plea of not guilty. The court made a finding of the facts recited in the…

1Opinion of the CourtWatson, J.

The respondent, found guilty of the crime-of rape, moved that the verdict be set aside and a new trial granted, for that the cause was submitted to the jury before-he was put to plead to the information. To the overruling; of the motion respondent excepted. The clerk made a minute on his docket showing that the respondent pleaded not guilty. The respondent moved for an order directing the clerk to amend and correct the record in this respect. This motion was also overruled and exception saved.

On this branch of the case the facts found by the Court, are presented. It appears therefrom that on…

2Cases cited2 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Crain v. United StatesSupreme Court of the United States · 1896

3Cited by7 opinions

  1. State v. BruyetteSupreme Court of Vermont · 1992
  2. State v. ProutySupreme Court of Vermont · 1920
  3. State v. LansingSupreme Court of Vermont · 1936
  4. In Re Estate of ProutySupreme Court of Vermont · 1933
  5. State v. TrabboldSuperior Court of Delaware · 1952

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