State v. Davis
Supreme Court of Vermont
This was a complaint under s. 9, c. 94, Gen. Sts. for selling, furnishing, and giving away intoxicating liquor, appealed from the judgment of a justice of the peace. Plea, not guilty, and trial by jury at the September Term, 1879, Royce, J., presiding. The complaint was in usual form, except that the name of the grand juror was omitted from the body of the complaint, and appeared only at the end by way of official signature thereto.
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This was a complaint under s. 9, c. 94, Gen. Sts. for selling, furnishing, and giving away intoxicating liquor, appealed from the judgment of a justice of the peace. Plea, not guilty, and trial by jury at the September Term, 1879, Royce, J., presiding. The complaint was in usual form, except that the name of the grand juror was omitted from the body of the complaint, and appeared only at the end by way of official signature thereto. Before the jury was impanelled, the respondent moved to quash the complaint, for that it was not addressed to the justice by any authority, and for that the name…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. “ Presentments by a grand juror shall be made under his oath of office and official signature to a justice by information in writing.” Gen. Sts. c. 15, s. 87. This provision is *379substantially complied with by the complaint in this case. It is addressed to a justice of the peace by name, by a grand juror on his oath of office, over his official signature. The statute does not require that the grand juror’s name should be inserted in the body of the complaint. It is usual to insert it, but it is not made essential by the statute. The complaint…
2Cases cited4 opinions
- State v. FreemanSupreme Court of Vermont · 1855
- Vermont v. ConlinSupreme Court of Vermont · 1855
- State v. BaconSupreme Court of Vermont · 1869
- State v. MeaderSupreme Court of Vermont · 1874
3Cited by8 opinions
- Thalheim v. StateSupreme Court of Florida · 1896
- People v. MoonIllinois Supreme Court · 2022
- Sherrick v. StateIndiana Supreme Court · 1906
- State v. HodgsonSupreme Court of Vermont · 1893
- State v. TrubaSupreme Court of Vermont · 1915
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