In re Pierce
Supreme Court of Vermont
Habeas corpus. The petition alleged that the relator was arraigned before' the city court of the city of Burlington, on the 6th of January, 1874, on the complaint of a grand juror, charged with the crime of being found intoxicated; that she was put to plead and pleaded not guilty, whereupon a trial was had, and she was adjudged guilty, and sentenced to pay a fine of five dollars, and costs of prosecution, from which judgment she appealed to the then next term of Chittenden…
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Habeas corpus. The petition alleged that the relator was arraigned before' the city court of the city of Burlington, on the 6th of January, 1874, on the complaint of a grand juror, charged with the crime of being found intoxicated; that she was put to plead and pleaded not guilty, whereupon a trial was had, and she was adjudged guilty, and sentenced to pay a fine of five dollars, and costs of prosecution, from which judgment she appealed to the then next term of Chittenden county court, and that said appeal was still pending; that the relator was then put under oath, and inquired of by said…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is well understood, as matter of theoretic learning at least, that the summary arrest and imprisonment of a person, in order to be lawful, must proceed according to the provisions of the law in that behalf. This case is chiefly interesting, not for the grave constitutional questions that have been raised and argued in it, but for the many respects in which such provisions of the law have not been regarded. It is our main purpose to point out some of them, to the end that more carefulness may be secured in this class of proceedings.
The…
2Cited by2 opinions
- State v. WakefieldSupreme Court of Vermont · 1888
- Bugbee v. BoyceSupreme Court of Vermont · 1895