State v. S. S.
Supreme Court of Vermont
THIS was an indictment contra formam statute for sending a written challenge to fight a duel. Upon demurrer to the indictment, the principal exception inter alia was that the indictment would not lie uoon the act for the punishment of certain inferior crimes and misdemeanors, passed March 4th, A. D. 1797.
1Opinion of the Court
By the Court.
The 21st section of the act enacts., ^ that if any person shall in any manner disturb or *181break the peace by tumultuous and offensive carriage; by threatening, quarrelling, challenging,< assaulting, beating or striking any other person ; the person or persons so offending shall be liable,” See. The word challenging, taken in connection with the whole sentence, cannot intend a ■written challenge. The various modes of disturbing or breaking the peace noticed in the statute, are manifestly those of verbal abuse and personal outrage. This Court would be desirous of giving all legal…
2Cited by2 opinions
- State v. CoffinSupreme Court of Vermont · 1891
- State v. ThompsonSupreme Court of Vermont · 1951