State v. Pilver
Supreme Court of Vermont
Complaint for selling and keeping with intent to sell intoxicating liquor. Plea, not guilty. Trial by jury in the Caledonia County Municipal Court, Frye, Municipal Judge. Verdict, guilty. Respondent excepted. The opinion states the case. The jury was not a lawful jury.
Read the full summary
Complaint for selling and keeping with intent to sell intoxicating liquor. Plea, not guilty. Trial by jury in the Caledonia County Municipal Court, Frye, Municipal Judge. Verdict, guilty. Respondent excepted. The opinion states the case. The jury was not a lawful jury. By Sec. 6, No. 91, Acts of 1915, the Municipal Court Act, a class of persons is prescribed from whom the list of jurors is to be selected, and a failure to select this list from this class is a fatal irregularity. Quinn’s Admr. v. Halbert, 57 Vt. 178; Briggs v. Georgia, 15 Vt. 62; Cooley’s Blackstone, 4th ed., Book 3, Sec. 359;…
1Opinion of the CourtTaylor, J.
The respondent pleaded not guilty in the Caledonia County Municipal Court to the charge of selling and keeping for sale intoxicating liquor. He demanded a jury trial and the court proceeded to draw a jury in accordance with the municipal court act. The respondent seasonably objected to the drawing of the jury from the list on file in the office of the judge and “made challenge to the array” on the ground that the list did not contain the names of any jurymen from the town of Burke. The court overruled the objection and subject to respondent’s exception directed that the jury be drawn from the…
2Cases cited17 opinions
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- State v. TigheMontana Supreme Court · 1903
- Davis v. ArthurSupreme Court of Georgia · 1912
- Gardner v. StateSupreme Court of New Jersey · 1892
- Healy v. PeopleIllinois Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. WilliamsSupreme Court of Vermont · 1920
- State v. MurphySupreme Court of Vermont · 1976
- State v. MercierSupreme Court of Vermont · 1925
- State v. KamudaSupreme Court of Vermont · 1925
- State v. PelicanSupreme Court of Vermont · 1990
1 more not listed; retrieve them via the Exa API.