State v. Lockwood
Supreme Court of Vermont
Indictment for larceny. Plea, not guilty. Trial by jury, December Term, 1885, Taft, J., presiding. Verdict, guilty on the first count, and guilty of petty larceny on the last count. The state’s attorney entered a nolle prosequi as to the second and fourth counts; and by leave of court amended the first count by phanging the word “statue ” to “ statute.” Before trial the respondent filed a motion to quash, which was overruled.
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Indictment for larceny. Plea, not guilty. Trial by jury, December Term, 1885, Taft, J., presiding. Verdict, guilty on the first count, and guilty of petty larceny on the last count. The state’s attorney entered a nolle prosequi as to the second and fourth counts; and by leave of court amended the first count by phanging the word “statue ” to “ statute.” Before trial the respondent filed a motion to quash, which was overruled. The first count alleged that the respondent * * * “of the value of $10 * * * of one William H. Wheeler then and there * * * did stael, take, etc., * * contrary to the…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
In State v. Smalley, 50 Vt. 736, this court decided that it was no cause of demurrer that an indictment contains counts for separate and distinct arsons. But where *380several offenses are charged in- the same indictment, the general practice is, to compel the State, on the respondent’s application, to elect on what counts to go to trial; and such election is a practical abandonment of the rest of the indictment.
There was, therefore, no error in overruling the motion to quash, so far as it stood on the ground that distinct larcenies were charged…
2Cases cited2 opinions
- State v. HopkinsSupreme Court of Vermont · 1877
- State v. SmalleySupreme Court of Vermont · 1878
3Cited by9 opinions
- State v. WardSupreme Court of Vermont · 1888
- State v. FlintSupreme Court of Vermont · 1888
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Newton v. American Car Sprinkler Co.Supreme Court of Vermont · 1914
- State v. SemeraroSupreme Court of Vermont · 1926
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