State v. Keach
Supreme Court of Vermont
Indictment for a conspiracy in five counts, to which the respondents filed general demurrer, on which the court, at the April Term, 1866, Pibkpoint, Ch. J., presiding, pro forma, adjudged the indictment sufficient and the respondents guilty, — to which decision the respondents excepted.
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Indictment for a conspiracy in five counts, to which the respondents filed general demurrer, on which the court, at the April Term, 1866, Pibkpoint, Ch. J., presiding, pro forma, adjudged the indictment sufficient and the respondents guilty, — to which decision the respondents excepted. The indictment was as follows, omitting some formal parts and repetition of names: I. “ That William Keach and * * * * being evil disposed persons, and seeking to get their living by various subtle, fraudulent, and dishonest practices, at Burlington, in said county of Chittenden, to wit: on the 1st day of…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
It may now be regarded as a settled rule in the law respecting conspiracy that an indictment for the offence shall state, with as much certainty as the nature of the case will admit, the facts which constitute the crime intended to be charged, and that it must be so far precise that the party may know what charge he has to answer, and may be able to plead his acquittal or conviction upon it to a future indictment on the same facts. In Regina v. Kenrick, 5 Ad. & El., N. S., 61, (48 E. C. L. R.,) Lord Denman, Ch. J., says that the offence of…
2Cases cited1 opinion
- State v. NoyesSupreme Court of Vermont · 1853
3Cited by13 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- State v. StewartSupreme Court of Vermont · 1887
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- State v. ChickSupreme Judicial Court of Maine · 1970
- United States v. WalshU.S. Circuit Court for the District of Eastern Missouri · 1878
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