Legal Opinion

State v. Matthews

Supreme Court of Vermont

Decided January 15, 1870PublishedCited by 11 opinions

Prosecution for a breach of the peace, before the city court of Burlington, on complaint of the state’s attorney, which chaTgedy. that O. Dwight Matthews of Burlington, in the county of Chittem den, on the 24th day of January, A. D. 1869, at said Burlington, with force and arms in and upon one Albert Wing did make an assault, and him, the said Albert Wing, did then and there with fists, clubs, sticks and iron instruments, strike, beat, bruise and wound, to the great injury…

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Prosecution for a breach of the peace, before the city court of Burlington, on complaint of the state’s attorney, which chaTgedy. that O. Dwight Matthews of Burlington, in the county of Chittem den, on the 24th day of January, A. D. 1869, at said Burlington, with force and arms in and upon one Albert Wing did make an assault, and him, the said Albert Wing, did then and there with fists, clubs, sticks and iron instruments, strike, beat, bruise and wound, to the great injury of the said Albert Wing, and thereby, and by his tumultuous and offensive carriage, and by threatening and challenging…

1Opinion of the Court

The opinion of the court was delivered by

Wilson, J.

This is a prosecution for a breach of the public peace, contrary to section 1 of chapter 116 of the General Statutes. The cause comes into this court on general demurrer to the complaint, which contains only one count. It is insisted by the respondent’s counsel that the statute above referred to creates and embraces seven distinct offenses, for the commission of either of which the party guilty may be punished. It is said by his counsel that in one count the respondent is charged with five of the offenses mentioned in said statute, and on…

2Cases cited2 opinions

  1. State v. BenedictSupreme Court of Vermont · 1839
  2. State v. RiggsSupreme Court of Vermont · 1850

3Cited by11 opinions

  1. State v. RitterSupreme Court of Vermont · 1998
  2. State v. HodgsonSupreme Court of Vermont · 1893
  3. PuebloSupreme Court of Puerto Rico · 1921
  4. State v. ProutySupreme Court of Vermont · 1920
  5. State v. HigginsSupreme Court of Vermont · 1880

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