State v. Averill
Supreme Court of Vermont
Indictment for murder. Plea, not guilty. Trial by jury at the September Term, 1911, Franklin County, Miles, J.,. presiding. Verdict, guilty of manslaughter, and judgment and sentence thereon. The respondent excepted. The respondent was the wife of the deceased. She admitted that she shot and killed the deceased, but claimed that it was-accidental. It appeared that on October 20, 1910, she and the. deceased were living together in their home in the town of St. Albans.
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Indictment for murder. Plea, not guilty. Trial by jury at the September Term, 1911, Franklin County, Miles, J.,. presiding. Verdict, guilty of manslaughter, and judgment and sentence thereon. The respondent excepted. The respondent was the wife of the deceased. She admitted that she shot and killed the deceased, but claimed that it was-accidental. It appeared that on October 20, 1910, she and the. deceased were living together in their home in the town of St. Albans. Respondent testified that in the evening of that day,, after deceased had gone to bed and while respondent was undressing, she…
1Opinion of the CourtWatson, J.
The indictment on which respondent was tried contains two counts, each charging her with murder in the first degree, by shooting Frank C. Averill at St. Albans on the 20th day of October, 1910. Verdict, guilty of manslaughter, and judgment thereon.
It appeared that the deceased and the respondent were husband and wife. The State called as a witness one Mrs. Delvina Hastings and offered to show by her that she and her husband lived on a farm at Sunapee, N. H., where the respondent and her husband lived for four or five years, that the witness ■and her husband were there as tenants from the fall…
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