State v. Litch
Supreme Court of Vermont
Indictment for larceny. The respondent was tried at the January Term, 1860, — Kellogg, J., presiding, — and the jury rendered a verdict of guilty as to the second count of the indictment only; the evidence upon which this conviction was had tending to show that the offence charged in that count, was committed about the first day of November, 1857. The indictment had been found by the grand jury at the June Term, 1859 ; and the second count, under which the respondent was…
Read the full summary
Indictment for larceny. The respondent was tried at the January Term, 1860, — Kellogg, J., presiding, — and the jury rendered a verdict of guilty as to the second count of the indictment only; the evidence upon which this conviction was had tending to show that the offence charged in that count, was committed about the first day of November, 1857. The indictment had been found by the grand jury at the June Term, 1859 ; and the second count, under which the respondent was convicted as above stated, charged the larceny to have been committed on the first day of November, 1859. The respondent…
1Opinion of the CourtPoland, J.
The indictment upon which the respondent was tried was found at the June Term, 1859.
The second count upon which alone he was convicted, charges the larceny to have been committed on the first day of November, 1859. It is a universal principle of criminal pleading, laid down in all the books, that every issuable allegation in an indictment must be laid with a time and place. It is not generally required that the proof should correspond with the exact time alleged in the indictment, except when the time becomes material and of the essence of the offence. The books all agree that when the time…
2Cases cited1 opinion
- State v. LaBoreSupreme Court of Vermont · 1854
3Cited by5 opinions
- Wilson v. StateSupreme Court of Florida · 1938
- United States v. BornemannU.S. Circuit Court for the District of Northern California · 1888
- People v. WeinsteinIllinois Supreme Court · 1912
- State v. BlaisdellSupreme Court of New Hampshire · 1869
- State v. PapernakSouth Dakota Supreme Court · 1921