State v. Morse

The respondent, appellant here, was convicted under two counts of an information filed by the State’s Attorney of Bennington County, first, that he committed a breach of the peace by assaulting one Douglas H. Britch, and second, that he carelessly and negligently wounded said Britch by gunshot. The appeal raises three points: (1) violation of respondent’s right of due process by the failure of the state to produce one Earl Peacock as a witness; (2) error by the court in striking a portion of an answer in the deposition of one Marion Charest; and (3) error of the court in refusing to charge on…