State v. Daggett
Supreme Court of Vermont
THE respondents were indicted for a riot, and rescue of a canal boat, called the Champlain, from the custody of Stephen Haight, Esq. sheriff of the county of Addison, who had attached the same, on a writ in favour of one Johnson against the said Willard Daggett and one Caleb Daggett.
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THE respondents were indicted for a riot, and rescue of a canal boat, called the Champlain, from the custody of Stephen Haight, Esq. sheriff of the county of Addison, who had attached the same, on a writ in favour of one Johnson against the said Willard Daggett and one Caleb Daggett. On the trial of the issue, the respondents having pleaded not guilty to the indictment, the attorney for the state offered in evidence, in support of the second count, the said writ of attachment, being the same process set forth in the said second count in said indictment, with the return of the said Stephen…
1Opinion of the Court
Skinner, Ch. J.
delivered the following opinion of the Court.
It was necessary for the publick prosecutor to give in evidence the writ upon which the boat was attached; for by that alone was the officer commissioned to take the property, and by that it was held in the custody of the law. The writ, together with the officer’s certificate or return thereon, was offered in evidence, and from the case, it appears to have been rejected, because the return did not show the boat to have been seized thereon. In examining the record, we find the officer omitted in his certificate, or return endorsed…
2Cases cited1 opinion
- Wheeler v. LampmanNew York Supreme Court · 1817
3Cited by2 opinions
- Brown v. RichmondSupreme Court of Vermont · 1855
- State v. FerrySupreme Court of Vermont · 1889