Legal Opinion

State v. Carpenter

Supreme Court of Vermont

Decided January 15, 1882PublishedCited by 10 opinions

Heard by the court, September term, 1881, Powers, J., presiding. The court overruled the motion in arrest. The following is the indictment: State of Vermont, > Chittenden County, ss. j Be. it remembered, that at a county court, begun and holden at Burlington, within and for the county of Chittenden, on the third Tuesday of September, A. D. 1881, the grand jurors within and for the body of the county of Chittenden aforesaid, now here in court duly empaneled and sworn, upon…

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Heard by the court, September term, 1881, Powers, J., presiding. The court overruled the motion in arrest. The following is the indictment: State of Vermont, > Chittenden County, ss. j Be. it remembered, that at a county court, begun and holden at Burlington, within and for the county of Chittenden, on the third Tuesday of September, A. D. 1881, the grand jurors within and for the body of the county of Chittenden aforesaid, now here in court duly empaneled and sworn, upon their oath present that Eugene Carpenter, and Thomas Fassett, of Burlington, in the county of Chittenden, on the, to wit:…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The respondents were indicted under sec. 4284 of the R. L., for hindering an officer in the execution of his office. Fassett was tried and found guilty. Carpenter then withdrew his plea of not guilty and pleaded guilty, and after verdict and before judgment, moved in arrest of judgment for the insufficiency of the *553indictment, because it is not alleged therein with sufficient particularity and accuracy:

1st. The nature of the officer’s official duty and the manner of its execution.

It is provided by sec. 2794 R. L., that a policeman appointed by…

2Cases cited2 opinions

  1. State v. DownerSupreme Court of Vermont · 1836
  2. State v. BurtSupreme Court of Vermont · 1853

3Cited by10 opinions

  1. State v. StewartSupreme Court of Vermont · 1887
  2. State v. HowardSupreme Court of Minnesota · 1896
  3. State v. AngelucciSupreme Court of Vermont · 1979
  4. State v. ManciniSupreme Court of Vermont · 1917
  5. Marcuchi v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918

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