State v. Austin
Supreme Court of Vermont
This was the complaint of a town grand juror, which came by appeal into the County Court, and was there heard on demurrer at the April Term, 1889, Powers, J., presiding. The demurrer was overruled and the respondent excepted. The point raised and decided appears in the opinion. The word “'found” in the statute is material and constitutes the gist of the offense, which is something more than merely being intoxicated.
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This was the complaint of a town grand juror, which came by appeal into the County Court, and was there heard on demurrer at the April Term, 1889, Powers, J., presiding. The demurrer was overruled and the respondent excepted. The point raised and decided appears in the opinion. The word “'found” in the statute is material and constitutes the gist of the offense, which is something more than merely being intoxicated. Acts 1888, No. 36, s. 1; State v. Deavitt, 47 Yt. 228 ; Bennett’s Yt. Justice, 535 ; State■ v. Bromley, 25 Conn. 6; Bish. Stat. Or. s. 980. The complaint should charge the very…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The complaint against the respondent is that he “ became and was intoxicated by the use of intoxicating liquor,” etc. The point made under a demurrer to the complaint is that he is not charged with having been “found ” intoxicated. Was the latter allegation necessary ? The first act of our modern legislation on the subject of intoxication was s. 2, act No. 2, Session Laws of • 1855, which imposed a penalty upon one, in the words of the statute, who “ becomes ” intoxicated. In the Gen*292eral Statutes which took effect August, 1868, the wording of…
2Cases cited1 opinion
- State v. BromleySupreme Court of Connecticut · 1856
3Cited by4 opinions
- In re RogersSupreme Court of Vermont · 1903
- Mercer v. StateIndiana Supreme Court · 1913
- State v. WheelerSupreme Court of Vermont · 1892
- In re UmenoDistrict Court, D. Hawaii · 1910