State v. Ward
Supreme Court of Vermont
This was an indictment for arson in three counts. Elea not-guilty. Trial by jury at the December Term of the Caledonia. County Court, 1887, Yeazey, J\, presiding. Yerdict of guilty on the second and third counts.
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This was an indictment for arson in three counts. Elea not-guilty. Trial by jury at the December Term of the Caledonia. County Court, 1887, Yeazey, J\, presiding. Yerdict of guilty on the second and third counts. The respondent took numerous-exceptions in the course of the trial, of which the following were-insisted on in the Supreme Court: 1. The State’s Attorney was disqualified to prosecute this-indictment by reason of .having been employed by the respondent in a behalf which rendered it improper for him to act, and Henry C. Ide was appointed by the court to assist in the prosecution. Mr.…
1Opinion of the Court
The opinion of .the court was delivered by
Taft, J.
1. This court held that it was not legal error to appoint as prosecutor in a criminal proceeding an attorney who was,-at the .time, acting as counsel in a civil suit against the respondent’, to recover damages for the acts upon which the criminal action was based. Such appointment was within the discretion of the court below, and its exercise will not be revised by us. State v. Miller, Sup. Ct. Wash. Co., May term, 1887.
2. It is contended that it was error to allow peremptory challenges by the State, for that the statute permitting them is in…
2Cases cited34 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Baker v. PeopleIllinois Supreme Court · 1882
- Leache v. StateCourt of Appeals of Texas · 1886
- State v. McDonnellSupreme Court of Vermont · 1860
- Loring v. Salisbury MillsMassachusetts Supreme Judicial Court · 1878
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3Cited by55 opinions
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- People v. BarbatoNew York Court of Appeals · 1930
- State v. LaudanoSupreme Court of Connecticut · 1902
- Born v. StateCourt of Criminal Appeals of Oklahoma · 1964
- State v. MillmeierSupreme Court of Iowa · 1897
50 more not listed; retrieve them via the Exa API.