Legal Opinion

State v. Louanis

Supreme Court of Vermont

Decided January 10, 1907PublishedCited by 16 opinions

Indictment, under V. S. 4921, for threatening to accuse another person of a crime, with intent to extort money. Plea, not guilty. Trial by jury at the June Term, 1906, Orange County, Tyler, J., presiding. Verdict, guilty; and judgment thereon. The respondent excepted. " The indictment charged that the respondent threatened to accuse one J. H. T'arbox with having committed the crime of adultery with one Mary Jane Brasseaue, a married woman, and the daughter of the respondent.

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1Opinion of the CourtRowell, C. J.

This is an indictment for threatening to accuse one Tarbox of adultery, with intent to extort money from him.

Pending the plea of not guilty, the prisoner moved to quash the indictment because it did not set out the year when it was found, and was not dated, and because it did not appear on its face when the grand jury was impanelled.

We do not consider whether the motion could be interposed pending the plea, for such a motion is not a right, but is addressed to the discretion of the court, and hence its action thereon is not revisable here. State v. Stewart, 59 Vt. 273, 284, 9 Atl. 559;…

2Cases cited9 opinions

State v. StewartSupreme Court of Vermont · 1887
State v. LewisSupreme Court of Iowa · 1895
State v. DeboltSupreme Court of Iowa · 1897
People v. BramanMichigan Supreme Court · 1874
Briggs v. MasonSupreme Court of Vermont · 1859

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

State v. DonaluzziSupreme Court of Vermont · 1920
State v. HarringtonSupreme Court of Vermont · 1969
State v. AudetteSupreme Court of Vermont · 1970
State v. O'BrienSupreme Court of Vermont · 1934
State v. BarilSupreme Court of Vermont · 1969

11 more not listed; retrieve them via the Exa API.