State v. Briggs
Supreme Court of Vermont
INDICTMENT for malicious mischief.-^The first count in the indictment, charged, “that the said Briggs on, &c. with force and arms, at, &c. did maliciously, mischievously and wickedly put, place and confine in a certain yard, or enclosure, then and there belonging to him the said Arnold Briggs, and by him oc'cupied and possessed, two three years old bay gelding colts, and one two years old bay mare colt, the property of one Davis Durfee, of, &c. and of the value of one…
Read the full summary
INDICTMENT for malicious mischief.-^The first count in the indictment, charged, “that the said Briggs on, &c. with force and arms, at, &c. did maliciously, mischievously and wickedly put, place and confine in a certain yard, or enclosure, then and there belonging to him the said Arnold Briggs, and by him oc'cupied and possessed, two three years old bay gelding colts, and one two years old bay mare colt, the property of one Davis Durfee, of, &c. and of the value of one hundred dollars, and then and there, upon or about a certain bar-way, leading from the said yard or enclosure, towards and…
1Opinion of the Court
Hutchinson J.
delivered the opinion of the Court.
Two questions are presented by the record in this case, for the Court to determine.
The first appears upon the bill of exceptions and motion for a new trial, which is, whether the testimony offered and admitted by the Court, ought to have been excluded on account of its *229being variant from the indictment. Both the indictment and testimony agree in the description of the colts: also in this, that the colts were confined in the barn-yard of the respondent, and that in Benson ; also in this, that the scythes were placed upon the bars of this same…
2Cited by3 opinions
- McDuffee's Admx. v. Boston & Maine RailroadSupreme Court of Vermont · 1908
- Loomis v. Edgerton & SykesNew York Supreme Court · 1838
- W. B. Johnson & Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1911