Legal Opinion · Dissent

State v. Barnett

Supreme Court of Vermont

Decided January 7, 1939Published

1DissentSherburne, J.

I regret that I am unable to concur with the majority.

The power conferred upon a court by P. L. 8872 to place a respondent upon probation ' ‘ upon such conditions and for such time as it may prescribe, or until further order of the court” gives a wide discretion. According to the analogy of a conditional pardon it is limited only by the proviso that the conditions must not be illegal, immoral or impossible of performance. In re Conditional Discharge of Convicts, 73 Vt. 414, 419, 420, 51 Atl. 10, 56 L. R. A. 658. It is said in In re Gordon, 105 Vt. 277, 279, 165 Atl. 905, that in addition to…

2Cases cited9 opinions

  1. Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
  2. In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
  3. Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
  4. State v. DonaluzziSupreme Court of Vermont · 1920
  5. In Re HallSupreme Court of Vermont · 1927

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