State v. Cruickshank
Supreme Court of Vermont
Complaint to the city court for the city of Barre by the city attorney. Heard in that court on demurrer to the complaint August 6, 1898. Demurrer overruled. The respondent excepted. cited Bishop on Statutory Crime, (2d ed.) §§ 404-408; State v. Soragan, 40' Yt. 450; Keeler v. Milledge, 4 Zab. 142; 1 Archibald, Crim. P. &. P. 248; Wharton, Crim.
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Complaint to the city court for the city of Barre by the city attorney. Heard in that court on demurrer to the complaint August 6, 1898. Demurrer overruled. The respondent excepted. cited Bishop on Statutory Crime, (2d ed.) §§ 404-408; State v. Soragan, 40' Yt. 450; Keeler v. Milledge, 4 Zab. 142; 1 Archibald, Crim. P. &. P. 248; Wharton, Crim. P. & P. 9th ed., §§ 224, 225; Shanfelter v. Baltimore, 80 Md. 483; Green v. Indianapolis, 22 Ind. 192; Harker v. Mayor of N. Y, 17 Wend. 199; Porter v. Waring, 69 N. Y. 250; 1 Dillon Mun. Corp. §§ 83, 414, 415. Although courts of general jurisdiction…
1Opinion of the CourtRowell, J.
This complaint lacks substance. It alleges that the respondent did ride a bicycle along and upon the sidewalk on a certain street in the city of Barre, “in violation of sections twenty-five and thirty-six of chapter thirteen of the ordinances of said city,” contra formam stattih. It should have set out the ordinances, as the court cannot take judicial notice of them. State v. Soragan, 40 Vt. 450.
It properly concluded against the form of the statute. State v. Soragan. Perhaps it should also have concluded against the form of the ordinances.
Judgment reversed, demurrer sustained, complaint…
2Cases cited1 opinion
- State v. SoraganSupreme Court of Vermont · 1867
3Cited by4 opinions
- Hambley v. Town of St. JohnsburySupreme Court of Vermont · 1972
- State v. TyrrellSupreme Court of Connecticut · 1923
- State v. PelletierSupreme Court of Vermont · 1962
- State v. BosworthSupreme Court of Vermont · 1902