State v. Daley
Supreme Court of Vermont
This was a trial upon an indictment containing three counts: tho first, charging an assault upon one John Moss, with intent to Mil; the second, a common assault and battery ; and the third, charging a breach of the peace.
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This was a trial upon an indictment containing three counts: tho first, charging an assault upon one John Moss, with intent to Mil; the second, a common assault and battery ; and the third, charging a breach of the peace. The first count is as follows: “Be it remembered, etc., the grand jurors, etc., upon their oath, present that John Daley, of St. Albans, bn the 1st day of September, A. D. 1868, at said St. Albans, with force and arms upon one John Moss, in the peace of God and this state, then and there being, did an assault make, and him, the said John Moss, then and there did beat, wound…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The first count of the indictment, which is the only one in question, charges the respondent with having committed an assault and battery upon one John Moss with intent to kill, and, *566as the exceptions show, is based on section 18 of chapter 112 of the General Statutes. The objection made by counsel to it is, that the conviction of the respondent can not be sustained, as it is not alleged in this count of the indictment that the intent of the respondent, giving the act charged its criminal aspect and quality, was unlawful and felonious. The…
2Cases cited4 opinions
- Johnson's v. Wiseman'sCourt of Appeals of Kentucky · 1863
- State v. JonesSupreme Court of Vermont · 1860
- Noyes v. BrownSupreme Court of Vermont · 1860
- People v. PettitNew York Supreme Court · 1808
3Cited by9 opinions
- State v. HodgsonSupreme Court of Vermont · 1893
- State v. CollyerNevada Supreme Court · 1883
- State v. HigginsSupreme Court of Vermont · 1880
- State v. SniderWashington Supreme Court · 1903
- State v. FiskeSupreme Court of Vermont · 1894
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