Legal Opinion

State v. Clark

Supreme Court of Vermont

Decided January 15, 1872PublishedCited by 3 opinions

This was a complaint in the following words: STATE OF VERMONT, 1 To the Honorable city court, City of Burlington, ss. ( within and for the city of Burlington, in the county of Chittenden, comes Charles E. Allen, grand juror, within and for the city of Burlington, in said county, in his proper person, and on his oath of office complains that Martin Clark, of the said city of Burlington, on the 4th day of November, 1871, at his store, shop and dwelling-house, adjacent thereto,…

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This was a complaint in the following words: STATE OF VERMONT, 1 To the Honorable city court, City of Burlington, ss. ( within and for the city of Burlington, in the county of Chittenden, comes Charles E. Allen, grand juror, within and for the city of Burlington, in said county, in his proper person, and on his oath of office complains that Martin Clark, of the said city of Burlington, on the 4th day of November, 1871, at his store, shop and dwelling-house, adjacent thereto, situate on the westerly side of Champlain street, between Pearl and Cherry street, in the said city of Burlington, did…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The person who served this warrant held the office of chief of police de facto, which carries with it all the powers of a constable. Gen. Stats., 1870, 1039, § 2. Whether at the time he served the warrant he held another office incompatible with this or not, his official act serving the warrant was valid as to the public and as to third persons. McGregor v. Balch, 14 Yt., 428; Woodcock v. Bolster, 35 Vt., 632. And further, the warrant is no part of the complaint, but is a process founded on the complaint, issued merely to bring the…

2Cases cited3 opinions

  1. State v. CookSupreme Court of Vermont · 1866
  2. Woodcock v. BolsterSupreme Court of Vermont · 1863
  3. State v. NewtonSupreme Court of Vermont · 1870

3Cited by3 opinions

  1. State v. HodgsonSupreme Court of Vermont · 1893
  2. State v. HigginsSupreme Court of Vermont · 1880
  3. State v. HanlonSupreme Court of Vermont · 1890

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