State v. Levy

This respondent was convicted of the crime of petit larceny in the Montpelier Municipal Court, and brought the cause before us upon exceptions. He has filed in this Court a plea to the jurisdiction on the ground that the process and warrant, upon which he was arrested and brought to trial and judgment, were issued without lawful oath or affirmation first made, in contravention of Art. II of the Declaration of Rights of the Inhabitants of the State of Vermont, as contained in Chapter 1 of our State Constitution. The plea sets forth that the complaint was made by Joseph W. Foti, upon his oath…