State v. Emery
Supreme Court of Vermont
IndiotmeNT for arson and burning — in three counts. Trial by jury, December Term, 1885, Orange County, Rowell, J., jiro,siding. Verdict, guilty. The first count alleged setting fire to a dwelling-house ; the second and third counts alleged the burning of a barn. It was averred that .said bam Avas the property of Sarah Emery, Avho Avas the Avife of Harry Emery, a half-brother of the respondent.
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IndiotmeNT for arson and burning — in three counts. Trial by jury, December Term, 1885, Orange County, Rowell, J., jiro,siding. Verdict, guilty. The first count alleged setting fire to a dwelling-house ; the second and third counts alleged the burning of a barn. It was averred that .said bam Avas the property of Sarah Emery, Avho Avas the Avife of Harry Emery, a half-brother of the respondent. Harry Emery Avas called as a witness by the State, and having testified that certain cattle were burned Avith the barn, it was proposed to ask him Avhose property the cattle Avere. On objection by the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J. I.
The demurrer to the plea in abatement was properly sustained. The plea is- wanting in the necessary certainty for a good plea in abatement in not alleging several necessary matters. “Though a plea in bar being certain to a common intent is good, every dilatory plea or in abatement must bo good to every intent.” 4 Bac. Abr. 51. The indictment is not referred to nor made a part of the plea. Hence the plea must stand or fall upon the allegations therein made. There is nothing in the plea which makes it wdtli certainty a plea to this indictment.…
2Cases cited3 opinions
- State v. ChampeauSupreme Court of Vermont · 1880
- Culver v. BalchSupreme Court of Vermont · 1851
- Landon v. RobertsSupreme Court of Vermont · 1848
3Cited by9 opinions
- State v. ParkerSupreme Court of Vermont · 1988
- Westover v. StateArizona Supreme Court · 1947
- State v. UlrichSupreme Court of Missouri · 1892
- State v. BrewsterSupreme Court of Vermont · 1898
- People v. WoodsMichigan Supreme Court · 1919
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