Legal Opinion

State v. Duncan

Supreme Court of Vermont

Decided February 2, 1906PublishedCited by 25 opinions

Indictment against ten persons for conspiracy. Five of the' respondents were summoned before the grand jury and gave self-criminating evidence under oath, and they severally pleaded that in abatement. The other five respondents jointly pleaded that in abatement, though they themselves were not called before the grand jury. Heard on demurrer to said pleas in abatement at the June Term, 1905, Caledonia County,’ Munson, J., presiding.

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Indictment against ten persons for conspiracy. Five of the' respondents were summoned before the grand jury and gave self-criminating evidence under oath, and they severally pleaded that in abatement. The other five respondents jointly pleaded that in abatement, though they themselves were not called before the grand jury. Heard on demurrer to said pleas in abatement at the June Term, 1905, Caledonia County,’ Munson, J., presiding. Demurrers sustained, pro formay and pleas adjudged insufficient, to which the respondents excepted. Whereupon respondents severally demurred h> the indictment.…

1Opinion of the CourtRowell, C. J.

This is an indictment against ten for conspiracy “to prevent, hinder, and deter” the several persons therein named, “by violence, threats, and intimidation, from further engaging and continuing in the business of manufacturing granite.” Five of the prisoners were summoned before *369the grand jury, and gave self-criminating evidence under oath, and they severally plead that in abatement. The other five jointly plead that in abatement, although they themselves were not called before the grand jury. The pleas are demurred to; but only McNaughton’s several plea need be considered, as the others are…

2Cases cited11 opinions

  1. State v. StewartSupreme Court of Vermont · 1887
  2. People v. LauderMichigan Supreme Court · 1890
  3. Hendrickson v. . the PeopleNew York Court of Appeals · 1854
  4. The People v. . MondonNew York Court of Appeals · 1886
  5. Boone v. PeopleIllinois Supreme Court · 1894

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3Cited by25 opinions

  1. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  2. Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Jack Stanley, Thomas A. Warren, Isom Meyers, and Hubert Stanley v. United StatesCourt of Appeals for the Sixth Circuit · 1957
  4. State v. LloydWisconsin Supreme Court · 1913
  5. In re Consolidated Rendering Co.Supreme Court of Vermont · 1907

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