State v. Brittell
Supreme Court of Vermont
Information for adultery. Plea, not guilty. Trial by jury at the Special June Term, 1917, Windsor County, Stanton, J., presiding. Yerdict, guilty. After verdict and before judgment respondent moved in arrest of judgment, for that the information contained no allegation that the particeps criminis was not the husband of respondent. Motion overruled. Bespondent excepted.
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Information for adultery. Plea, not guilty. Trial by jury at the Special June Term, 1917, Windsor County, Stanton, J., presiding. Yerdict, guilty. After verdict and before judgment respondent moved in arrest of judgment, for that the information contained no allegation that the particeps criminis was not the husband of respondent. Motion overruled. Bespondent excepted. After hearing in Supreme Court, respondent' brought a petition for new trial, on the ground of newly discovered evidence. The opinion states the case.
1Opinion of the CourtMiles, J.
This is an information charging the respondent with adultery. The case was tried by jury and a verdict was rendered against the respondent. After verdict and before judgment a motion in arrest was filed by the respondent, on the ground that the information contained no allegation that the parties to the alleged crime were not husband and wife.
In the case of State v. Edward Eaton, 92 Vt. 291, 102 Atl. 1025, handed down at the February Term of this Court, 1918, the jury, in the court below, found the respondent guilty of having committed adultery with the respondent in this ease; and in this…
2Cases cited2 opinions
- State v. EatonSupreme Court of Vermont · 1918
- State v. FoggSupreme Court of Vermont · 1901