State v. Wyman
Supreme Court of Vermont
INDICTMENT charging the respondent with incest. The re-respondent demurred; the demurrer was overruled, and trial by jury, September Term, 1886, Walker, J., presiding. 'Verdict, guilty. The respondent also moved in arrest of judgment on the ground that the indictment was insufficient. The indictment was insufficient, because it did not charge the respondent with knowledge of the relationship.
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INDICTMENT charging the respondent with incest. The re-respondent demurred; the demurrer was overruled, and trial by jury, September Term, 1886, Walker, J., presiding. 'Verdict, guilty. The respondent also moved in arrest of judgment on the ground that the indictment was insufficient. The indictment was insufficient, because it did not charge the respondent with knowledge of the relationship. Rea v. Harrington, 58 Vt. 181. A half-brother is not a brother within the meaning of the statute. 2 Bl. Com. 227. The term brother applies to a brother of half-blood. Bish. Mar. & D'iv. (3d ed.) 218.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
Two points only are urged in behalf of the respondent.
First. That the indictment is fatally defective in that it does *528not charge the respondent with knowledge of the relationship existing between himself and the particeps criminis at the time of the commission of the crime charged.
The indictment is based upon R. L., sec. 4246, which provides that “ persons between whom marriages are prohibited by section 2306 or section 2307, who intermai’ry, or who commit fornication with each other, shall be punished as in case of adultery.” The…
2Cited by21 opinions
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- Shelly v. StateTennessee Supreme Court · 1895
- Landell v. SorrellDistrict Court, D. Vermont · 2000
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