State v. Kelley
Supreme Court of Vermont
This was a grand, juror’s complaint under § 10, ch. 94, of the Gen. Sts., appealed to the county court. The justice’s record recited “ that at a justice’s court held at Colchester, in and for the county of Chittenden, on the 8th day of February, 1873, before A. O. Hood, a justice of the peace for said county, James Kelley, of Burlington, in said county, was brought to answer to a complaint exhibited to said justice by James C. Platt, grand juror for the town of Colchester…
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This was a grand, juror’s complaint under § 10, ch. 94, of the Gen. Sts., appealed to the county court. The justice’s record recited “ that at a justice’s court held at Colchester, in and for the county of Chittenden, on the 8th day of February, 1873, before A. O. Hood, a justice of the peace for said county, James Kelley, of Burlington, in said county, was brought to answer to a complaint exhibited to said justice by James C. Platt, grand juror for the town of Colchester aforesaid, who complains that James Kelley, of Burlington, in said county of Chittenden, on the 11th day of January, 1873,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is familiar to the profession, that the language used in statutes penal as well as others, is to have its ordinary meaning, unless it appears to have been used, or that it might have been used, in a different meaning. It needs no discussion or illustration to show that when it is said that a man is intoxicated, the meaning is, that his condition has been produced by the drinking of intoxicating spirituous liquor. No additional word or expression is used or needed, to convey the full and unambiguous idea. Whenever any other idea is…
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