Legal Opinion

State v. Hooker

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 33 opinions

Indictment for an assault and battery upon a sheriff, and impeding him in the execution of the duties of his office. The indictment was in these words. “State of Vermont, Addison County, ss.

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Indictment for an assault and battery upon a sheriff, and impeding him in the execution of the duties of his office. The indictment was in these words. “State of Vermont, Addison County, ss. Be it remembered, that, at a term of the county court, begun and holden at Middlebury, within and for said county of Addison, on the second Tuesday of June, A. D. 1843, The Grand Jurors within and for the body of the County of Addison, now here in court duly impanneled and sworn, upon their oath present, that William P. Hooker, of Middlebury aforesaid, at Middlebury aforesaid, on the seventh day of…

1Opinion of the Court

The opinion of the court was delivered by

Hebard, J.

A great variety of questions have been argued in this case; and we shall first dispose of those, that have arisen upon the motion in arrest.

In the first place, it is said that the indictment does not , allege that Adnah- Smith was sheriff of Addison county. In the first count the respondent is charged with having made an assault upon Smith, then and there being sheriff of said county of Addison. In the second count he is charged with having hindered and impeded a civil officer, under the authority of this State, to wit, Adnah Smith, sheriff…

2Cases cited2 opinions

  1. State v. DownerSupreme Court of Vermont · 1836
  2. Bours v. TuckermanNew York Supreme Court · 1811

3Cited by33 opinions

  1. State v. PattersonSupreme Court of Vermont · 1873
  2. Casselman v. StateIndiana Court of Appeals · 1985
  3. State v. WardSupreme Court of Vermont · 1888
  4. Agar v. StateIndiana Supreme Court · 1911
  5. Love v. PeopleIllinois Supreme Court · 1896

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