State v. Roe
Supreme Court of Vermont
This was an indictment for arson, in two counts, as follows :— “ State of Vermont, I Be it remembered that at the county “ Chittenden County. 3 court, begun and holden at Burling- “ ton within and for the county of Chittenden, on the last “ Tuesday of August, A.D. 1839 ; — The grand jurors with- “ in and for the body of the county of Chittenden aforesaid, “ now here in court duly empannelled and sworn upon their li oaths present, that Joseph Roe of Burlington aforesaid, on…
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This was an indictment for arson, in two counts, as follows :— “ State of Vermont, I Be it remembered that at the county “ Chittenden County. 3 court, begun and holden at Burling- “ ton within and for the county of Chittenden, on the last “ Tuesday of August, A.D. 1839 ; — The grand jurors with- “ in and for the body of the county of Chittenden aforesaid, “ now here in court duly empannelled and sworn upon their li oaths present, that Joseph Roe of Burlington aforesaid, on “the 23d day of June, A.D. 1839, with force and arms, at “ Burlington aforesaid, a certain meeting house, then and “…
1Opinion of the Court
*109The opinion of the court was delivered by
Collamer, J.
— The right of the government attorney to enter a nolle prosequi is suspended when trial commences to the jury. After that, the power is to be exercised only by permission of the court. The court, in granting permission, will exercise its judicial discretion. If the case appear a clear one for the respondent, the court will not give the permission, as he is entitled to a verdict of .acquittal. If the case appear against the accused, he can have no objection to a nolle prosequi. In this case there can be no doubt of the identity of the…
2Cited by33 opinions
- State v. DesoSupreme Court of Vermont · 1938
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- State v. BisselSupreme Court of Vermont · 1934
- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
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