State v. White
Supreme Court of Vermont
Information for being found intoxicated. Plea, not guilty. Trial by jury at the April term, 1891, Thompson, J., presiding. Yerdict, guilty. Exceptions by the respondent. The case appears in the opinion. At common law the information was insufficient. McLane v. State, 4 Ga. 335 ; Ilatwood v. State, 18 Ind. 492. The court could not allow the amendment since it was one of substance. B. L. s. 3857; Bl. Com. Bk. 4, 306; Arch. ^Cr. PI., 11, 14; 1 Bish. Or.
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Information for being found intoxicated. Plea, not guilty. Trial by jury at the April term, 1891, Thompson, J., presiding. Yerdict, guilty. Exceptions by the respondent. The case appears in the opinion. At common law the information was insufficient. McLane v. State, 4 Ga. 335 ; Ilatwood v. State, 18 Ind. 492. The court could not allow the amendment since it was one of substance. B. L. s. 3857; Bl. Com. Bk. 4, 306; Arch. ^Cr. PI., 11, 14; 1 Bish. Or. Law, s. 389. A motion to dismiss is addressed to the discretion of the. County Court, and the action of that court is not revisable here.…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
After plea pleaded and jury sworn, the prisoner moved to dismiss the information, for that the time alleged therein as the day of the intoxication complained of was more than thirty days before the information was exhibited in court. Thirty days is the period of limitation for prosecuting the offence. The court overruled the motion and allowed the State to amend the information by changing the allegation of time from the 15th of April to the 30th of May, a time within the statutory period, and the day of the commission of the of-fence ; and…
2Cases cited2 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- State v. HopkinsSupreme Court of Vermont · 1883
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