Legal Opinion

State v. Brown

Supreme Court of Vermont

Decided February 15, 1877PublishedCited by 9 opinions

This was a grand juror’s complaint under s. 1, c. 94, of the Gen. Sts., appealed to the County Court. The complaint was dated August 25,1876, and alleged a former conviction on March 4, 1876. Trial by jury, September Term, 1876, Barrett, J., presiding.

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This was a grand juror’s complaint under s. 1, c. 94, of the Gen. Sts., appealed to the County Court. The complaint was dated August 25,1876, and alleged a former conviction on March 4, 1876. Trial by jury, September Term, 1876, Barrett, J., presiding. The state introduced seven witnesses who testified that they each procured liquor of the respondent between May 25, and August 25, 1876 ; but four of them, on cross-examination, testified that on August 25, they were summoned before a justice of the peace, and testified to the same offences upon a grand juror’s complaint against the respondent,…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. The respondent was tried on the complaint of a town grand juror for violation of the statute regulating the sale *439of intoxicating liquors. On the same day this complaint was exhibited to the justice of the peace, the respondent was acquitted on a similar complaint exhibited to a justice of the peace two days before.' The respondent gave in evidence a certified copy of the record of this acquittal, and requested the court to hold that it was “ a bar to a conviction for the same offences tried and determined in that case, and for all offences…

2Cited by9 opinions

  1. Rankin v. StateCourt of Criminal Appeals of Texas · 1900
  2. State v. O'BrienSupreme Court of Vermont · 1934
  3. State v. FreemanSupreme Court of North Carolina · 1913
  4. State v. PianfettiSupreme Court of Vermont · 1906
  5. State v. SearleSupreme Court of Vermont · 1884

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