Brackett v. State
Supreme Court of Vermont
IN ERROR. This writ was brought to reverse a judgment of Bennington County Court, rendered Manchester June term, 1801. The writ was entered at the July adjourned term of this Court the same year; at which term, upon oyer of the record craved and read, and diminution alleged, the Court, on motion of the Attorney for the State, issued the following writ of certiorari to the Clerk of that Court. State of Vermont.
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IN ERROR. This writ was brought to reverse a judgment of Bennington County Court, rendered Manchester June term, 1801. The writ was entered at the July adjourned term of this Court the same year; at which term, upon oyer of the record craved and read, and diminution alleged, the Court, on motion of the Attorney for the State, issued the following writ of certiorari to the Clerk of that Court. State of Vermont. Supreme Court of Judicature, Bennington County, Manchester July adjourned term, A. D. 1801. To Nathaniel Brush, Esquire, Clerk of the County Court, within and for the County of…
1Opinion of the Court
Tyler, Assistant Judge,
delivered the opinion of the Court, the Chief Judge being absent, occasioned by sickness.
Curia. The errors assigned are,
First. That there is no sufficient information exhibited against the now plaintiff in error, whereon to ground any judgment against him.
Secondly. That the said information or complaint was exhibited by one Asa Baldwin the 2d, as Grand Juror of the town of Dorset, who was not authorized by law, as town Grand Juror, to exhibit the same.
Thirdly. That the offence charged in the information is not alleged to be done vi et armis.
Fourthly. That the offence…
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