State v. Temple
Supreme Court of Vermont
Indictment for incest. Plea, not guilty, and trial by jury, September Term, 1863, Barrett, J., presiding. The jury returned a verdict of guilty, after which the respondent moved that judgment be arrested for insufficiency of the indictment. The motion was overruled and the respondent excepted. The indictment is sufficiently set forth in the opinion of the court.
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The motion in arrest in this case presents the question of the sufficiency of the indictment. The second count is not attempted to be sustained by the counsel for the state, nor can any plausible reason be assigned for sustaining it. It was probably drawn after an old form under a statute which has not been in force for many years, and which had ceased to exist long before the offence *38in question is alleged to have been committed. It would he bad even under that statute, as a material allegation in that form is omitted. The question is as to…
2Cases cited1 opinion
- State v. BatesSupreme Court of Connecticut · 1834
3Cited by6 opinions
- Commonwealth v. FullerMassachusetts Supreme Judicial Court · 1895
- State v. DennisonNebraska Supreme Court · 1900
- People v. HamiltonMichigan Supreme Court · 1894
- Gallagher v. StateWisconsin Supreme Court · 1870
- United States v. DoyleDistrict Court, D. Hawaii · 1914
1 more not listed; retrieve them via the Exa API.