State v. Nulty
Supreme Court of Vermont
Information charging the respondent with the illegal sale of intoxicating liquor. Trial by jury, April Term, 1884, Taft, J., presiding. Yerdict, guilty of two offenses. It was error to allow the amendment. R. L. ss. 3848, 3857, 3865; Bro. Leg. Max. 421; 7 Cush. 53, 89; McKay v. R. R. Co. 2 Mich. 138; Sedg. Stat. Law, 237, 247; State v. Murphy, 55 Yt. 547. It was incumbent on the State to prove that the respondent did not have authority to sell.
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Information charging the respondent with the illegal sale of intoxicating liquor. Trial by jury, April Term, 1884, Taft, J., presiding. Yerdict, guilty of two offenses. It was error to allow the amendment. R. L. ss. 3848, 3857, 3865; Bro. Leg. Max. 421; 7 Cush. 53, 89; McKay v. R. R. Co. 2 Mich. 138; Sedg. Stat. Law, 237, 247; State v. Murphy, 55 Yt. 547. It was incumbent on the State to prove that the respondent did not have authority to sell. State v. Pitkin, 53 N. H. 435; State v. Norton, 45 Yt. 261; 18 Yt. 191-7; 24 Pick. 374. cited on the question of amendment: King v. Holland, 4 Term,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The respondent contends, that the County Court erred in allowing an amendment of the information, in regard to a former conviction. Sec. 3848, R. L., requires, that where a prior conviction is relied upon to increase the sentence, it shall be set forth in the information; but that it shall be sufficient to set forth in substance the fact of such prior conviction, the offense for which the conviction was had, and the time and place at which, and the court by and before which, it was had. The information stated, that, “ on the 9th day of July,…
2Cases cited2 opinions
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- State v. FisherSupreme Court of Vermont · 1863
3Cited by11 opinions
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- Spencer v. Potter's EstateSupreme Court of Vermont · 1911
- State v. DyerSupreme Court of Vermont · 1894
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