State v. Thibeau
Supreme Court of Vermont
Indictment for burglary and tbeft, against Francis X. Brunelle, John Robert, Joseph Monac, Henry Robert, Joseph Parker and Samuel Thibeau. Plea, not guilty, by each of the respondents, and trial by jury, at the November Term, 1857, — Bennett, J., presiding.
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Indictment for burglary and tbeft, against Francis X. Brunelle, John Robert, Joseph Monac, Henry Robert, Joseph Parker and Samuel Thibeau. Plea, not guilty, by each of the respondents, and trial by jury, at the November Term, 1857, — Bennett, J., presiding. The direct admissions of each one of the respondents, made while separate and apart from each other, seven or eight days after the offense was committed, as given in evidence by the prosecution, went to show that they were all connected in the commission of the burglary in question, and also to indicate the part which each one took in the…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
It has been decided in State v. Nixon, 18 Vt. 74, and in State v. Gilbert, 13 Vt. 647, that the only questions which can be raised on a motion in arrest of judgment, are those which relate to the sufficiency of the indictment; and that on the hearing of such question, defects in the caption, or even the omission of the caption can not be noticed. . The motion in arrest was therefore properly overruled.
The volunteer statement of Darling, as to the admissions of Dorus, was collateral to the issue, and therefore the offer to disprove the…
2Cases cited3 opinions
- State v. GilbertSupreme Court of Vermont · 1841
- Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
- Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
3Cited by19 opinions
- F. R. Patch Manufacturing Co. v. Protection Lodge No. 215Supreme Court of Vermont · 1905
- State v. DuncanSupreme Court of Missouri · 1876
- Williams v. Norton Bros.Supreme Court of Vermont · 1908
- Bailey v. StateIndiana Supreme Court · 1872
- Gambino v. United StatesCourt of Appeals for the Third Circuit · 1939
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