State v. Bosworth
Supreme Court of Vermont
Indictment for murder. Plea, not guilty. Trial by jury at the September Term, 1911, Chittenden County, Mall, J., presiding. Verdict, “guilty of murder in the first degree, with capital punishment.” The respondent excepted- The opinion states the case.
1Opinion of the CourtMunson, J.
Section 5695 of the Public Statutes, as amended by No. 225 of the Acts of 1910, provides that “the punishment of murder in the first degree shall be death or imprisonment for life in state’s prison as the jury may determine.” A verdict of murder in the first degree with capital punishment has been found against the respondent. He claims error in that he was tried by a jury not lawfully empaneled, and not properly instructed as to its duty regarding the penalty.
When the case was called there remained undischarged of the regular panel of jurors sixteen men; the remainder having been discharged…
2Cases cited4 opinions
- State v. AllenSupreme Court of Connecticut · 1879
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- State v. WardSupreme Court of Vermont · 1887
- Town of Brighton v. KelseySupreme Court of Vermont · 1905
3Cited by6 opinions
- Hernandez v. StateArizona Supreme Court · 1934
- State v. HowardSupreme Court of Vermont · 1936
- State v. MercierSupreme Court of Vermont · 1925
- State v. KamudaSupreme Court of Vermont · 1925
- Cuthbertson v. RitchieSupreme Court of Vermont · 1925
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