State v. Wright
Supreme Court of Vermont
Information for an escape. Washington County, March Term, 1908, Hall, J., presiding. First heard on demurrer to the information. Demurrer overruled and information adjudged sufficient. Eespondent excepted. Exception ordered to lie, and respondent allowed to plead over. Plea, not guilty. Trial by court on an agreed statement signed by the State’s Attorney and the respondent, who waived a trial by jury. The respondent moved for judgment of acquittal on the agreed statement.
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Information for an escape. Washington County, March Term, 1908, Hall, J., presiding. First heard on demurrer to the information. Demurrer overruled and information adjudged sufficient. Eespondent excepted. Exception ordered to lie, and respondent allowed to plead over. Plea, not guilty. Trial by court on an agreed statement signed by the State’s Attorney and the respondent, who waived a trial by jury. The respondent moved for judgment of acquittal on the agreed statement. Motion overruled, and the respondent adjudged guilty. The respondent excepted. The respondent was at large, without a…
1Opinion of the CourtRowell, C. J.
This is an information for an escape while serving a sentence of imprisonment in Washington County jail for being found intoxicated, and while employed without the walls of the jail under the statute in such case made and provided. The second count is demurred to for that it does not allege that the prisoner was sentenced to hard labor, and for that the assistant judges of the trial court were members of the prison board by which he was required thus to work.
The first objection is untenable because the court imposing the sentence had no authority to make it at hard labor, that not being a…
2Cited by6 opinions
- State v. BakerSupreme Court of Missouri · 1947
- In Re ProvencherSupreme Court of Vermont · 1969
- State v. LewisSupreme Court of Vermont · 1998
- Perry v. StateCourt of Criminal Appeals of Oklahoma · 1945
- State v. McInerneySupreme Court of Rhode Island · 1933
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