State v. Welch
Supreme Court of Vermont
Statutes are never to be construed as retrospective unless made so by their express terms; especially penal statutes. Sedg. Cont. Law, p. 279; Berley v. Ramparker, 5 Due 181; Richardson v. Cook, 37 Vt. 599; Giddings v. Tur-geon, 58 Vt. 106; Com. v. Horner, (Mass.) 26 N. E. Rep. 872 ; R. R. Co. v. Cilley, 44 N. H.578; Jackman v. Garland,'64 Me. 133; Giles v. Giles, 22 Minn. 348; Vreeland v. Brumhall, 3 N. J. L. I.; City v. Hill, 29 N..
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Statutes are never to be construed as retrospective unless made so by their express terms; especially penal statutes. Sedg. Cont. Law, p. 279; Berley v. Ramparker, 5 Due 181; Richardson v. Cook, 37 Vt. 599; Giddings v. Tur-geon, 58 Vt. 106; Com. v. Horner, (Mass.) 26 N. E. Rep. 872 ; R. R. Co. v. Cilley, 44 N. H.578; Jackman v. Garland,'64 Me. 133; Giles v. Giles, 22 Minn. 348; Vreeland v. Brumhall, 3 N. J. L. I.; City v. Hill, 29 N.. J. L. 555 ; Bedford st. Shilling, 4 S. & R. 401.; 8 Am. Dec. 718; Holyoke sr. Haskins, 5 Pick. 20; 16 Am. Dec. 372; Dash v. VanKleech, 7 John. 477; 5 Am. Dec.…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The respondent was prosecuted before a justice of the peace for being found intoxicated. The complaint alleged two prior convictions of. the respondent for a like offence. He was found guilty as- charged in the complaint, and sentenced by the justice as required for a third conviction. From this conviction and sentence the *52respondent appealed to the county court, and there moved to dismiss the complaint .for want of jurisdiction. This motion was overruled. . '
If the justice of the peace did not have jurisdiction, the motion should have been…
2Cases cited5 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Gut v. StateSupreme Court of the United States · 1870
- Hine v. PomeroySupreme Court of Vermont · 1867
- Richardson v. CookSupreme Court of Vermont · 1865
- State v. HaleySupreme Court of Vermont · 1880
3Cited by5 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- People v. . GreenNew York Court of Appeals · 1911
- People ex rel. Chandler v. McDonaldWyoming Supreme Court · 1895
- State v. KavanaughNew Mexico Supreme Court · 1927
- Barber v. Town of DummerstonSupreme Court of Vermont · 1900