Legal Opinion

State v. Butler

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 10 opinions

Indictment for being accessory to the stealing of a quantity of wool. The indictment, in the form of three distinct counts, each having a formal commencement and conclusion, alleged, first, that Joseph King and Nelson Butler feloniously stole, took, and carried away one hundred pounds of wool, — secondly, that the respondent, “be- ‘ fore the aforesaid one. hundred pounds of wool was feloniously ‘stolen, taken and carried away by the said Joseph King and Nel- ‘ son Butler, as…

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1Opinion of the Court

*149The opinion of the court was delivered by

Redfield, J.

The motion to dismiss was correctly overruled for two reasons. 1. The statute provides, in terms, that, if the proper minute shall not be made, the proceeding “ shall, on motion, be dismissed —not that it shall be void, but shall, on motion, be dismissed, — thus making it matter of abatement, except as to the form of raising the question, which need not be by formal plea, but may be by motion. But it does, in other respects, partake of the nature of a plea in abatement, and, unless pleaded before the plea of the general issue, must be…

2Cited by10 opinions

State v. AbbeySupreme Court of Vermont · 1856
State v. BarkerSupreme Court of Vermont · 1846
State v. BevinsSupreme Court of Vermont · 1898
State v. NortonSupreme Court of Vermont · 1873
State v. StokesSupreme Court of Vermont · 1881

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