State v. Roby
Supreme Court of Vermont
Information for breach of the.peace. Plea, not guilty. Trial by jury at the April Term, 1909, Essex County, Miles, J., presiding. Verdict, guilty; and judgment and sentence thereon. The respondent excepted. The opinion states the case. It was error to allow the sack and its contents to be exhibited to the jury before the same was offered in evidence; and that was not cured by excluding the offer, and instructing the jury to disregard what they had seen. 1 Wig.
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Information for breach of the.peace. Plea, not guilty. Trial by jury at the April Term, 1909, Essex County, Miles, J., presiding. Verdict, guilty; and judgment and sentence thereon. The respondent excepted. The opinion states the case. It was error to allow the sack and its contents to be exhibited to the jury before the same was offered in evidence; and that was not cured by excluding the offer, and instructing the jury to disregard what they had seen. 1 Wig. Ev. §1155; 1 Taylor, Ev. §557; Scintillae Juris, 58; Small v. Haskins, 29 • Vt. 187; P. S. §1981; Bartlett v. Cabot, 54 Vt. 242; State…
1Opinion of the CourtRowell, C. J.
This is -an information for a breach of the peace by assaulting and beating one Anna DuBois.
*124Immediately after the jury were impaneled but before they were sworn, the presiding judge left the bench and the courtroom for a few minutes, the assistant judges remaining on the bench. While the presiding judge was gone, the State’s attorney had brought into the courtroom a sack containing a piece of stovewood and an assortment of old iron, and placed it on the floor near and in sight of the jury, where a portion of the contents of the sack was taken out and laid on the floor before the presiding…
2Cases cited6 opinions
- Commonwealth v. CollbergMassachusetts Supreme Judicial Court · 1876
- State v. BeanSupreme Court of Vermont · 1905
- Willey v. CarpenterSupreme Court of Vermont · 1891
- Massucco v. TomassiSupreme Court of Vermont · 1907
- Metropolitan Life Ins. v. HelmerSupreme Court of New Hampshire · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. CarterSupreme Court of Vermont · 1996
- State v. MacKrillMontana Supreme Court · 2008
- State v. DesoSupreme Court of Vermont · 1938
- State v. WilliamsSupreme Court of Vermont · 1920
- Duggan v. HeaphySupreme Court of Vermont · 1912
6 more not listed; retrieve them via the Exa API.