State v. Kittle
Supreme Court of Vermont
THE defendants were indicted before the County Court. The indictment contained four counts: the three first for a riot, the fourth for a common assault and battery. They went to trial in the lower Court, and the Jury found them guilty only on the fourth count. They appealed to this Court, and now a question is made, whether the defendants, who had been arraigned and pleaded not guilty to the indictment, were held to defend on the three first counts in the indictment.
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THE defendants were indicted before the County Court. The indictment contained four counts: the three first for a riot, the fourth for a common assault and battery. They went to trial in the lower Court, and the Jury found them guilty only on the fourth count. They appealed to this Court, and now a question is made, whether the defendants, who had been arraigned and pleaded not guilty to the indictment, were held to defend on the three first counts in the indictment. It is insisted for the State, that the appeal set the whole judgment afloat, and the defendants must be tried as if the…
1Opinion of the Court
Curia.
Let the respondents go to trial on the fourth count of the indictment only; The Court were not availed Of their acquittal in the lower Court of the three first counts in the indictment, or they Would have directed the clerk to arraign the defendants on the fourth count only; The clerk will rectify the entry;
2Cited by9 opinions
- People v. WebbCalifornia Supreme Court · 1869
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- State v. BradleySupreme Court of Vermont · 1894
- Ex parte BradleyIndiana Supreme Court · 1874
- Martin v. StateSupreme Court of Alabama · 1856
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