State v. Norton
Supreme Court of Vermont
This was a grand juror’s complaint for killing a deer contrary to the act of Nov. 8,1865, for the protection of deer,† appealed to the county court.
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This was a grand juror’s complaint for killing a deer contrary to the act of Nov. 8,1865, for the protection of deer,† appealed to the county court. The complaint alleged that the respondent, “ on the 7th day of December, A. D. 1870, at Huntington aforesaid, in the county of Chittenden aforesaid, did unlawfully, with guns, sticks, knives, and other instruments of death, chase, drive, worry, and kill a live animal called a deer, found running at large]within said state, of the deer kind; contrary to the form of the statute,” &c. The case was heard on demurrer to the complaint, at the April…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The county court, upon demurrer to the complaint in this case, held it sufficient, and the case comes here upon exceptions to that decision.
It is insisted, first, that the justice had no jurisdiction, because the offense described in the complaint being punishable by a fine of fifty dollars, the justice had no power to try the respondent.
The answer to this is, that the act of 1865, Gen. Stat. 891, which created the offense, provides that the fine may be recovered by a suit before a justice of the peace, thus expressly conferring jurisdiction…
2Cases cited1 opinion
- State v. ButlerSupreme Court of Vermont · 1845
3Cited by16 opinions
- Magner v. PeopleIllinois Supreme Court · 1881
- Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. KirbySouth Dakota Supreme Court · 1914
- New England Trout & Salmon Club v. MatherSupreme Court of Vermont · 1895
- State v. . GallopSupreme Court of North Carolina · 1900
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