State v. Brewster
Supreme Court of Vermont
Indictment for Murder. Plea in abatement to the indictment. Heard upon demurrer to the plea, at the September Term, 1897, Washington County, Tyler, J., presiding. Demurrer sustained; plea adjudged insufficient, and indictment sufficient. Judgment that the respondent plead over. The respondent excepted and the cause was passed to the supreme court for hearing on the exceptions before final judgment.
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Indictment for Murder. Plea in abatement to the indictment. Heard upon demurrer to the plea, at the September Term, 1897, Washington County, Tyler, J., presiding. Demurrer sustained; plea adjudged insufficient, and indictment sufficient. Judgment that the respondent plead over. The respondent excepted and the cause was passed to the supreme court for hearing on the exceptions before final judgment. It was stipulated that formal and technical defects in the plea and demurrer were and should be waived, and the opinion of the court taken upon questions of substance only. cited, Bish. Crim. Proc.…
1Opinion of the CourtRoss, C. J.
We have considered the respondent’s plea in abatement of the indictment, as we are requested to by the counsel of both parties, upon the substantial allegations therein, and without considering whether the technical rules applicable to such pleas have been violated or complied with. The substantial facts therein alleged are, that the State’s Attorney, with the consent of the court and of the grand jury, took his stenographer with him into the grand jury room, while they were receiving the testimony upon which they found the indictment; that she there took down, in short hand, the full…
2Cases cited29 opinions
- Jenkins v. StateSupreme Court of Florida · 1895
- State v. HamlinSupreme Court of Connecticut · 1879
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- State v. BakerWest Virginia Supreme Court · 1889
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1893
24 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Amazon Industrial Chemical CorporationDistrict Court, D. Maryland · 1931
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- State v. MinerSupreme Court of Vermont · 1969
- State v. KempSupreme Court of Connecticut · 1939
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1919
14 more not listed; retrieve them via the Exa API.