Legal Opinion

State v. Alfred

Supreme Court of Vermont

Decided October 13, 1913PublishedCited by 2 opinions

Complaint for knowingly receiving and concealing stolen property, filed at the Special Term of Chittenden County Court begun on December 16, 1912. Before pleading otherwise, the respondent moved that the information be quashed and that the court take no further cognizance thereof, as the court had no authority to demand a plea to the information or to hear and determine the cause, for that a proper application had not been made for the calling of the special term; for that…

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Complaint for knowingly receiving and concealing stolen property, filed at the Special Term of Chittenden County Court begun on December 16, 1912. Before pleading otherwise, the respondent moved that the information be quashed and that the court take no further cognizance thereof, as the court had no authority to demand a plea to the information or to hear and determine the cause, for that a proper application had not been made for the calling of the special term; for that at the time of calling the special term there was no necessity therefor, as this prosecution had not then been begun; for…

1Opinion of the CourtWatson, J.

The State Constitution (Chap. II, Sec. 4) provides that courts of justice shall be maintained in every county *160in this State, and shall be open for the trial of all causes proper for their cognizance; and justice shall be therein impartially administered, without corruption or unnecessary delay. It contains no provision more particularly regulating or fixing the terms of court, or the times of holding the same. This being so, it was within legislative power to determine the number of, and times for, stated or regular terms in each county; and in the exercise of this power,'it was also within…

2Cases cited19 opinions

  1. Bales v. StateSupreme Court of Alabama · 1879
  2. Penman v. CommonwealthCourt of Appeals of Kentucky · 1911
  3. Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
  4. State v. RegisterSupreme Court of North Carolina · 1903
  5. Grinad v. StateSupreme Court of Georgia · 1866

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3Cited by2 opinions

  1. Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
  2. Lafko v. LafkoSupreme Court of Vermont · 1969

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