State v. Fuller
Supreme Court of Vermont
Indictmekt against George Fuller and Hiram S. Willey for burglary upon the premises of Mrs. Abigail Morrison, in three counts. Trial by jury March Term, 1866, Steele, J., presiding.
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Indictmekt against George Fuller and Hiram S. Willey for burglary upon the premises of Mrs. Abigail Morrison, in three counts. Trial by jury March Term, 1866, Steele, J., presiding. The indictment in the first count charges that the two respondents broke and entered the house and stole the money of said Abigail Morrison in the night of November 19th, 1865 ; in the second count, charges that the respondent Willey “ was present counselling, aiding and abetting the said George Fuller ” in the burglary and theft; and in the third count, which is founded upon section 13, page 669 General Statutes,…
1Opinion of the Court
The opinion of the court was delivered by "
BaRRETT, J.
The exceptions in this case are taken by Willey.
We think the county court erred in requiring the respondent to exhaust his peremptory challenges before challenging for cause.
The General Statutes, chapter 120, section 4, is that “ every person * * * shall he permitted peremtorily to challenge six of the jurors, and such further number as he can show good cause for challenging.” If the terms and structure of that section might be regarded as susceptible of the construction given by the county court; yet it seems to us that they do not…
2Cited by4 opinions
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- Howland v. DaySupreme Court of Vermont · 1883
- State v. CramSupreme Court of Vermont · 1895