State v. Benedict
Supreme Court of Vermont
This was an information in three counts, the last of which was as follows: “ And the state’s attorney aforesaid, on his oath afore- “ said, further gives said court to understand and be informed, “ that Henry Benedict, of Rutland, in said county of Rut-land, on the 1st day of December, 1837, and on divers oth- “ er days and times between that date and the time of this “ presentment, with force and arms, at Rutland aforesaid, “ did greatly disturb and break the peace by…
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This was an information in three counts, the last of which was as follows: “ And the state’s attorney aforesaid, on his oath afore- “ said, further gives said court to understand and be informed, “ that Henry Benedict, of Rutland, in said county of Rut-land, on the 1st day of December, 1837, and on divers oth- “ er days and times between that date and the time of this “ presentment, with force and arms, at Rutland aforesaid, “ did greatly disturb and break the peace by tumultuous and “offensive carriage, and by threatening, quarrelling and chal- “ lenging, and by lying in wait for one Sally…
1Opinion of the Court
The opinion of the court was delivered by
Rebeield, J.
Whatever was once thought upon the subject, it is now well settled, that mere threats, in words not written, is not an indictable ¿offence at common law. It is *238said, in many of the books, that it was formerly indictable. This might have been, and probably was the case at the time the statute, in this state, in relation to the subject, was passed. It is there said “if any person shall, in any manner, disturb or break the peace, by tumultuous and offensive carriage, by threatening, quarrelling, challenging, assaulting, beating or striking any…
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- State v. ShepardSupreme Court of Iowa · 1859
- Chapman v. StateSupreme Court of Alabama · 1885
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