Legal Opinion

State v. Scott

Supreme Court of Vermont

Decided January 15, 1852PublishedCited by 14 opinions

This was an Indictment for Manslaughter in several counts. ' Plea, not guilty, and trial by jury, in the county court, September Term, A. D. 1851,— Bennett, J., presiding. On trial, the government introduced testimony, tending in all essential particulars, to prove the crime of manslaughter as charged in the indictment.

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This was an Indictment for Manslaughter in several counts. ' Plea, not guilty, and trial by jury, in the county court, September Term, A. D. 1851,— Bennett, J., presiding. On trial, the government introduced testimony, tending in all essential particulars, to prove the crime of manslaughter as charged in the indictment. The respondent claimed that the evidence was insufficient to prove the beating and wounding, as alledged in the indictment, and if proved, that the evidence was not sufficient to show that the Jeath of Bailey, was the result of the beating and wounding by the respondent, and…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The respondent was indicted for manslaughter, and o on trial was convicted, under the charge of the court, of a common assault and battery. The jury have found by their verdict, that the death of Bailey was not occasioned by the assault, beating and wounding, as all edged in the indictment, and the question is, can a conviction for an assault and battery be sustained on an indictment for manslaughter.

In England, the rule seems well settled, that “ where an indict- “ ment includes an offense of an inferior degree, the jury may dis- “ charge the…

2Cases cited1 opinion

  1. State v. CoySupreme Court of Vermont · 1827

3Cited by14 opinions

  1. Hagans v. StateCourt of Appeals of Maryland · 1989
  2. Watson v. StateSupreme Court of Georgia · 1902
  3. Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
  4. State v. DesoSupreme Court of Vermont · 1938
  5. Sullivan v. StateIndiana Supreme Court · 1957

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