Legal Opinion

State v. Clark

Supreme Court of Vermont

Decided January 15, 1870PublishedCited by 15 opinions

Indictment for burglary alleged to have been committed by Aaron Clark, tbe respondent, upon the premises known as the Central House, a hotel in the village of Rutland, owned and kept by John W. Oramton and John A. Salisbury, the family of said Salisbury living within said hotel.

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Indictment for burglary alleged to have been committed by Aaron Clark, tbe respondent, upon the premises known as the Central House, a hotel in the village of Rutland, owned and kept by John W. Oramton and John A. Salisbury, the family of said Salisbury living within said hotel. The indictment contained three counts, the second of which alleged: “ That Aaron Clark, of Albany, in the state of New York, heretofore, to wit, on the third day of August, in the year of our Lord one thousand eight hundred and sixty-eight, about the hour of twelve o’clock in the night time of the same day, with force…

1Opinion of the Court

Decided at the January term, 1869. The opinion of the court was delivered by

Pierpoint, C. J.

We think the motion in arrest ^pis properly overruled ; in fact the objection to the indictment raised by the motion is not now seriously insisted upon. The principle seems to be well settled by authority, that in an indictment for burglariously entering, with intent to steal, it is not necessary to allege whose property the respondent intended to steal.

*634The first exception taken upon the trial was to the decision of the court allowing one Manley to sit as a juror in the trial of the respondent, against…

2Cases cited1 opinion

  1. Hubbell v. GaleSupreme Court of Vermont · 1830

3Cited by15 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1908
  2. Lattrell v. SwainSupreme Court of Vermont · 1968
  3. State v. SawtelleSupreme Court of New Hampshire · 1891
  4. Simpson v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Huntley v. Territory of OklahomaSupreme Court of Oklahoma · 1898

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