State v. Barker
Supreme Court of Vermont
This was a complaint by a town grand juror, founded on the first section of chapter eighty two of the Revised Statutes,* and came to the county court by appeal from the judgment of a justice of the peace. Plea, not guilty, and trial by jury, — Bennett, J., presiding. It was averred, in the complaint, that the defendant had exercised secular labor on the sabbath day; but it was not alleged, that it was not a work of necessity, or charity.
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This was a complaint by a town grand juror, founded on the first section of chapter eighty two of the Revised Statutes,* and came to the county court by appeal from the judgment of a justice of the peace. Plea, not guilty, and trial by jury, — Bennett, J., presiding. It was averred, in the complaint, that the defendant had exercised secular labor on the sabbath day; but it was not alleged, that it was not a work of necessity, or charity. After a verdict of guilty the respondent moved in arrest of judgment, for insufficiency of the complaint. The motion was overruled by the court; to which…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case comes before the court upon exceptions taken on trial, and also upon exceptions to the decision of the county court in overruling the motion in arrest. The only question, with which the court have found any difficulty, relates to the sufficiency of the complaint; but as we are all agreed, that the complaint is bad, it is of no importance to pass upon any other questions in the case.
The complaint charges the respondent with the exercise of secular business upon the sabbath, without negating that the business was a work of necessity,…
2Cases cited1 opinion
- State v. ButlerSupreme Court of Vermont · 1845
3Cited by17 opinions
- United States v. BrittonSupreme Court of the United States · 1883
- State v. AbbeySupreme Court of Vermont · 1856
- Harding v. PeopleSupreme Court of Colorado · 1887
- State v. MeekSupreme Court of Missouri · 1879
- Elkins v. StateSupreme Court of Georgia · 1853
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