State v. Brady
Supreme Court of Vermont
Indictment for burglary. The introductory part of the indictment was as follows — “ The grand jurors within and the body of the county,” &c., and the respondent was charged with breaking and entering, in the night time, the dwelling house of Erastus Allen, with intent to steal the goods of said Erastus Allen, and stealing and carrying away certain articles, the goods and chattels of one Henry B. Allen, then found in said dwelling house.
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Indictment for burglary. The introductory part of the indictment was as follows — “ The grand jurors within and the body of the county,” &c., and the respondent was charged with breaking and entering, in the night time, the dwelling house of Erastus Allen, with intent to steal the goods of said Erastus Allen, and stealing and carrying away certain articles, the goods and chattels of one Henry B. Allen, then found in said dwelling house. After a verdict of guilty in the county court, thq respondent moved in arrest of judgment for the insufficiency of the indictment The motion was overruled and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is said to be a rule applicable to indictments, that mere clerical and grammatical errors do not vitiate, unless they change a word, or render the meaning obscure. 1 Chit. Cr. L. 196. The omission of the word for in the introductory part of this indictment has done neither. It may have rendered the preceding word, £and,’ senseless and unmeaning, but can have no further effect. The grand jury within a county, when in regular organization and attendance upon the county court, are necessarily a grand jury both ivithin and for the county.
The…
2Cited by13 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- State v. SmithSupreme Judicial Court of Maine · 1971
- People v. SweeneyMichigan Supreme Court · 1885
- Moundsville v. FountainWest Virginia Supreme Court · 1885
- Dawson v. . the PeopleNew York Court of Appeals · 1862
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