State v. Abbott

Supreme Court of Vermont

State v. Abbott

20 Vt. 537

Supreme Court of Vermont·Decided April 15, 1848·Published·Cited by 5 cases

Opinion

The opinion of the court was delivered by

Redfield, J.

The only question, raised in the present case, is in regard to the sufficiency of the indictment. It is for a violation of the statute against maiming, or wounding, cattle. The objection [538] is, that the defendant is charged with wounding a steer, without alleging, that a steer is “ cattle, or other beast,” — which are the words of the statute. It is very possible, that some of the old cases may have adopted a degree of strictness, equal to this, even. But no modern case of this character existSj it is believed; but the contrary has often been decided.

Judgment that the defendant take nothing by his exceptions, or motion in arrest of judgment.

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The opinion of the court was delivered by

Redfield, J.

The only question, raised in the present case, is in regard to the sufficiency of the indictment. It is for a violation of the statute against maiming, or wounding, cattle. The objection [538] is, that the defendant is charged with wounding a steer, without alleging, that a steer is “ cattle, or other beast,” — which are the words of the statute. It is very possible, that some of the old cases may have adopted a degree of strictness, equal to this, even. But no modern case of this character existSj it is believed; but the contrary has often been decided.

Judgment that the defendant take nothing by his exceptions, or motion in arrest of judgment.

State v. Abbott, 20 Vt. 537 (Vt. 1848).

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Opinion

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