Legal Opinion

State v. Carr

Supreme Court of Vermont

Decided August 15, 1864PublishedCited by 8 opinions

Indictment for the murder of Mary E. Loomis at Worcester-. Plea, the general issue. The government proved that an inquest was held upon the body of the said Mary E. Loomis, and the justice of the peace before whom it was held, issued a precept for the arrest of the respondent Carr, and the same was delivered to O. L. Watson, the constable of Worcester, who took with him one A. C. Crain, and arrested Carr, and brought him with them to Worcester.

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Indictment for the murder of Mary E. Loomis at Worcester-. Plea, the general issue. The government proved that an inquest was held upon the body of the said Mary E. Loomis, and the justice of the peace before whom it was held, issued a precept for the arrest of the respondent Carr, and the same was delivered to O. L. Watson, the constable of Worcester, who took with him one A. C. Crain, and arrested Carr, and brought him with them to Worcester. The government proposed to show by Watson and Crain that the respondent Carr made certain confessions after being arrested, and while riding with them…

1Opinion of the CourtKellogg, J.

The respondent, after verdict, filed a motion in arrest for the insufficiency of the indictment. No defect in the indictment has been suggested on the argument, and nothing appears in the exceptions which would warrant the conclusion that it was not applicable to the case made by the evidence on trial. As the grounds upon which the indictment is claimed to be defective have not been stated by the respondent’s counsel, we find no reason to question its sufficiency; and it seems to be sufficient both in form and certainty of allegation, and to follow approved precedents. Wharton’s Precedents of…

2Cases cited1 opinion

  1. State v. WalkerSupreme Court of Vermont · 1861

3Cited by8 opinions

  1. State v. WillisSupreme Court of Connecticut · 1898
  2. Coffee v. StateSupreme Court of Florida · 1889
  3. Smith v. StateSupreme Court of Arkansas · 1905
  4. State v. BlaySupreme Court of Vermont · 1904
  5. Hintz v. StateWisconsin Supreme Court · 1905

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