State v. Brainerd
Supreme Court of Vermont
Indictment charging the respondent with misapplying and diverting the moneys of the St. Albans Trust Company, while he was director and president of the company. Heard on demurrer to the pleas, September Term, 1883, Royce, Ch. J. presiding. Demurrer sustained, and indictment held sufficient.
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Indictment charging the respondent with misapplying and diverting the moneys of the St. Albans Trust Company, while he was director and president of the company. Heard on demurrer to the pleas, September Term, 1883, Royce, Ch. J. presiding. Demurrer sustained, and indictment held sufficient. The indictment charged that the respondent, contrary to the act incorporating the said trust company, and contrary to the form of the statute, while he was president and director of the said trust company, misapplied and diverted $30,000, of the moneys deposited with the said trust company, from the…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
One of the grand jurors was taken sick after the-due organization of the panel, and was absent and unable to participate in the proceedings while the cases against the respondent were under consideration and when the indictment in question was found by the grand jury.
1. Did this invalidate the indictment ?
The answer to this question must depend upon the construction of our statutes and can receive but little aid from the decisions elsewhere inasmuch as they were made under statutes differing more or less from ours.
Section 884, R. L. provides…
2Cases cited12 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Beasley v. PeopleIllinois Supreme Court · 1878
- People v. HunterCalifornia Supreme Court · 1879
- People v. RobertsCalifornia Supreme Court · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1893
- Lykins v. StateCourt of Appeals of Maryland · 1980
- State v. BradleySupreme Court of Vermont · 1894
- State v. BrewsterSupreme Court of Vermont · 1898
7 more not listed; retrieve them via the Exa API.