State v. Lull
Supreme Court of Vermont
Indictaient for an assault ou James Kefoe. Pica, not guilty, and trial by jury, December Term, 1875, BaRUett, J., presiding.
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Indictaient for an assault ou James Kefoe. Pica, not guilty, and trial by jury, December Term, 1875, BaRUett, J., presiding. Kefoe was a convict in the state prison at Windsor, under sentence in Addison County for four years from June 15,1874. On the 9th of November, 1874, the respondent, who was and for several years had been keeper of the prison, and whose office and duty it was to keep order among the prisoners, and administer discipline and punishment for misconduct on the part of any of them, was called into the workshop where Kefoe was at work, by-Burr, the keeper of that shop, and…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
"We think that the court erred in excluding the testimony offered to be shown by Mr. Tripp as to what he told the respondent at the time he delivered Kefoe to him at the state *587prison in respect to fiis being.a violent and desperate man. It was an offer to show that Tripp told the respondent what the character of Kefoe was in respect to his being a violent and desperate man. The form of the words used is not so material as the idea conveyed. This evidence we think was fairly within the rule that the court laid down as governing the kind…
2Cited by7 opinions
- State v. HardinWest Virginia Supreme Court · 1922
- Commonwealth v. TircinskiMassachusetts Supreme Judicial Court · 1905
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- State v. BurtonSupreme Court of Kansas · 1901
- Davenport v. SilveySupreme Court of Missouri · 1915
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