State v. McOmber
Supreme Court of Vermont
This was an information filed by the state’s attorney against the respondents, alleging a violation of the fifth section of the “ act for the punishment of certain inferior crimes and misdemeanors,” and also for an assault. On the trial of the cause it appeared tfiat one Lyman Felton was deputed to serve a justice’s writ, returnable before Ira Jennings, Esq. a justice of the peace, in favor of one Henry J. Horton against one Lorin Shat-tuck.
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This was an information filed by the state’s attorney against the respondents, alleging a violation of the fifth section of the “ act for the punishment of certain inferior crimes and misdemeanors,” and also for an assault. On the trial of the cause it appeared tfiat one Lyman Felton was deputed to serve a justice’s writ, returnable before Ira Jennings, Esq. a justice of the peace, in favor of one Henry J. Horton against one Lorin Shat-tuck. That the said Felton served the said writ by attaching five thousand shingles as the property of said Shattuck. That the said Felton, having taken…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
— We are not prepared to say that the decision of the county court was erroneous upon the question raise# before them. But as the verdict cannot stand on account of defect that is apparent upon the record,- we have -not so carefully examined the first question as we otherwise should have done. The indictment contains two counts — the first for impeding authority, and the second for an assault — and there having been a general verdict of guilty, the respondent was convicted on both counts; and if the law will not warrant a conviction on-…
2Cited by2 opinions
- State v. BuckSupreme Court of Vermont · 1981
- Putman v. StateSupreme Court of Arkansas · 1887