State v. Freeman
Supreme Court of Vermont
Complaint for profane swearing, based upon R. L. 4254, which came into the County Court upon appeal from the judgment of a justice. Trial by jury at the December term, 1888, Yeazey, J., presiding. Yerdict of guilty. After verdict the respondent moved in arrest for that the complaint did not set forth with sufficient definiteness the offence. Motion overruled and sentence imposed. Exceptions by the respondent.
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Complaint for profane swearing, based upon R. L. 4254, which came into the County Court upon appeal from the judgment of a justice. Trial by jury at the December term, 1888, Yeazey, J., presiding. Yerdict of guilty. After verdict the respondent moved in arrest for that the complaint did not set forth with sufficient definiteness the offence. Motion overruled and sentence imposed. Exceptions by the respondent. Counsel for the respondent claimed in argument to the jury that they were judges of the law, and that the words testified to were not as a matter of .law profane. The court instructed…
1Opinion of the CourtTaft, J.
The respondent stands convicted of profan cursing, and, no doubt having in mind the saying of Sir Mathew Hale, that truly excellent judge, than whom no man was more tender of life, “ that more offenders escape by the over-easy ear given to exceptions in indictments, than by their own innocence,” 2 Hale’s P. O. 193, seeks to escape the penalty of his conviction by an alleged fault of the pleader. It is set forth in the complaint that he “ did profanely curse ” without setting forth the curses verbatim et literaUm. It may be conceded that it would have been better pleading to set forth the very…
2Cases cited24 opinions
- Nichols v. StateIndiana Supreme Court · 1891
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Newton v. BrownSupreme Court of Vermont · 1876
- Harding v. CragieSupreme Court of Vermont · 1836
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Wilson v. United StatesCourt of Appeals for the Second Circuit · 1921
- State v. HodgsonSupreme Court of Vermont · 1893
- State v. RyeaSupreme Court of Vermont · 1923
- Benedict v. Union Agricultural SocietySupreme Court of Vermont · 1902
6 more not listed; retrieve them via the Exa API.