State v. Magoon
Supreme Court of Vermont
Indictment for the murder of Rufus Streeter. Plea, not guilty, and trial by jury, September Term, 1876, Washington County, Redfield, J., presiding. It appeared that on the morning of October 15, 1875, the mangled body of the murdered man was found lying just over the fence, within a few feet of the main highway leading from Barre village to Orange, and on the land, and within a few rods of the dwelling-house, of Hannah Perrin.
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Indictment for the murder of Rufus Streeter. Plea, not guilty, and trial by jury, September Term, 1876, Washington County, Redfield, J., presiding. It appeared that on the morning of October 15, 1875, the mangled body of the murdered man was found lying just over the fence, within a few feet of the main highway leading from Barre village to Orange, and on the land, and within a few rods of the dwelling-house, of Hannah Perrin. The prosecution claimed that he was killed by the respondent at between six and seven o’clock of the previous evening; and introduced evidence tending to show that…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The respondent’s first exception is to the admission of the testimony of Elondas Hood, on the ground that it was *338not strictly rebutting to the testimony introduced in. defence; and that if it did tend to rebut that testimony, it also tended to strengthen and confirm the case as made by the prosecution in the opening, and for that reason was not admissible under the rule regulating the admission of testimony in criminal causes. The exception assumes that the prosecution in its close is limited to the introduction of strictly rebutting…
2Cases cited3 opinions
- Pingry v. WashburnSupreme Court of Vermont · 1826
- Goss v. TurnerSupreme Court of Vermont · 1849
- Clayes & Morse v. Ferris & HigbeeSupreme Court of Vermont · 1838
3Cited by20 opinions
- State v. CainWest Virginia Supreme Court · 1882
- State v. SlackSupreme Court of Vermont · 1897
- State v. HohmanSupreme Court of Vermont · 1980
- State v. McGaheyNorth Dakota Supreme Court · 1893
- Stevens v. DudleySupreme Court of Vermont · 1883
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