State v. Potter
Supreme Court of Vermont
This was an indictment against tlie respondents jointly, for having in their possession certain implements and tools, to wit: one chisel and six skeleton keys, in violation of the provisions of section 8 of chapter 118 of the General Statutes. Flea, not guilty. Trial by jury, September term, 1868, Chittenden county, Pierpoint, C. J., presiding. The respondents, at the time of the commission of the alleged offense, and at the time of the trial, were husband and wife.
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This was an indictment against tlie respondents jointly, for having in their possession certain implements and tools, to wit: one chisel and six skeleton keys, in violation of the provisions of section 8 of chapter 118 of the General Statutes. Flea, not guilty. Trial by jury, September term, 1868, Chittenden county, Pierpoint, C. J., presiding. The respondents, at the time of the commission of the alleged offense, and at the time of the trial, were husband and wife. The main witness for the prosecution was one Stephen Foster, who, as appeared from his testimony, was an accomplice with the…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
I. The respondents are husband and wife. They are charged in the indictment with knowingly having in their possession certain burglarious implements, with intent to use them feloniously. Whatever possession the wife had while her husband was with her was prima facie innocent, as under the coercion of her husband. The respondents claimed more than this, and asked the court to instruct the jury that, if her possession was by direction of her. husband, it would be prima facie innocent. This part of the request was unsound ; and no error,…
2Cited by18 opinions
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
- State v. FairbanksSupreme Court of Vermont · 1928
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
- State v. BisselSupreme Court of Vermont · 1934
- State v. LeeSupreme Court of North Carolina · 1913
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