State v. Stewart
Supreme Court of Vermont
INDICTMENT for a conspiracy to binder and prevent the Eyegate Granite Works, a corporation doing business at Eye-gate, from employing certain granite cutters, and for hindering and deterring certain laborers from working for the said corporation. Heard, June Term, 1885, Eoss, J., presiding, upon the respondents’ demurrer and motion to quash the indictment.
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INDICTMENT for a conspiracy to binder and prevent the Eyegate Granite Works, a corporation doing business at Eye-gate, from employing certain granite cutters, and for hindering and deterring certain laborers from working for the said corporation. Heard, June Term, 1885, Eoss, J., presiding, upon the respondents’ demurrer and motion to quash the indictment. Indictment: “Be.it remembered, that at the County Court begun and holden at St. Johnsbury, the grand jurors, etc., present that James D. Grant, Charles C. Stewart, Orrin E. Clay, John McGeough, Edward O’Toole and Lewis Hill, all of…
1Opinion of the Court
*284The opinion of the court was delivered by
Powers, J.
Although authorities can be found that lay down the rule.that felonies and misdemeanors, or different felonies, cannot bo joined in the same indictment, still the rule in this and most of the states is otherwise.
It is always and everywhere permissible for the pleader to set forth the offense he seeks to prosecute in all the various ways necessary to meet the possible phases of evidence that may appear at the trial. If the counts cover the same transaction, though involving offenses of different grade, the court has it in its power to preserve…
2Cases cited12 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- People v. FisherNew York Supreme Court · 1835
- Smith v. PeopleIllinois Supreme Court · 1860
- Snow v. WheelerMassachusetts Supreme Judicial Court · 1873
- State v. NoyesSupreme Court of Vermont · 1853
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3Cited by65 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
60 more not listed; retrieve them via the Exa API.