State v. Blair
Supreme Court of Vermont
This case was tried at the March Term, 1878; Redfield, J., presiding. This was an indictment for the crime of arson. The wife of James Blair, one of the respondents, was offered as a witness in the case, on behalf of the respondents, which was objected to by the State, and excluded by the court, to which respondent excepted. Exceptions allowed, sentence respited, and the case passed to the Supreme Court.
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This case was tried at the March Term, 1878; Redfield, J., presiding. This was an indictment for the crime of arson. The wife of James Blair, one of the respondents, was offered as a witness in the case, on behalf of the respondents, which was objected to by the State, and excluded by the court, to which respondent excepted. Exceptions allowed, sentence respited, and the case passed to the Supreme Court. After verdict and before judgment, the respondents moved to set aside the verdict, claiming that they had been tried by no court known to the law, alleging that; 1st, no one of the assistant…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only exception now insisted upon, is to the refusal of the court, to set aside the verdict, on account of the absence of the assistant judges, under the circumstances, and for the reasons stated in the agreed statement of facts. Judge Riford (one of said assistant judges) did not sit in the cause on account of his being a witness, and left town before Judge Redfield commenced his charge to the jury. Judge Martin (the other assistant judge) sat in the cause until the charge of the presiding judge to the jury was about one-half through, and…
2Cited by11 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- State v. JohnsonSupreme Court of Vermont · 1992
- State v. BradleySupreme Court of Vermont · 1894
- Aronstam v. CashmanSupreme Court of Vermont · 1974
- Critchlow v. Monson, Secretary of StateUtah Supreme Court · 1942
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