State v. Noyes
Supreme Court of Vermont
Indictment for a conspiracy to hinder and impede one Henry Godfry, a deputy sheriff, in the execution of his official duty. The indictment contained three counts; the first and third counts charge a conspiracy to impede the officer; the second count charges a conspiracy to impede the officer, and also an actual impeding. Plea, not guilty, and trial by jury.
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Indictment for a conspiracy to hinder and impede one Henry Godfry, a deputy sheriff, in the execution of his official duty. The indictment contained three counts; the first and third counts charge a conspiracy to impede the officer; the second count charges a conspiracy to impede the officer, and also an actual impeding. Plea, not guilty, and trial by jury. On trial, evidence was offered, tending to prove that in Decernber, 1851, Henry Godfry was a legal deputy sheriff, and had for service a writ of attachment, in favor of one Snelling, against the said Sturtevant, on which he had attached a…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
No objection can be made to the decision of the County Court, in overruling the motion in arrest. It is not claimed in argument, that there is any objection to the sufficiency of any of the counts, except the second. It is too well settled to be called in question at the present day, that upon a general conviction, if *421some of the counts in the indictment are good, and some bad, yet the court will not arrest the judgment.
Tn this case, the conviction under the charge of the court must have been for the conspiracy, and the government do not…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
3Cited by14 opinions
- Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- State v. StewartSupreme Court of Vermont · 1887
- Imboden v. PeopleSupreme Court of Colorado · 1907
- People v. ArnoldMichigan Supreme Court · 1881
- State v. OrmistonSupreme Court of Iowa · 1885
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