State v. Austin

Supreme Court of Vermont

State v. Austin

47 A. 102, 72 Vt. 46, 1899 Vt. LEXIS 124

CourtSupreme Court of Vermont

DecidedNovember 20, 1899

StatusPublished

Cited by2 cases

This text of 47 A. 102 (State v. Austin) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Austin, 47 A. 102, 72 Vt. 46, 1899 Vt. LEXIS 124 (Vt. 1899).

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Opinion

Pee Cueiam.

The question is whether the allegation that the prisoner had carnal knowledge with Cora Smith, etc., charges adultery. The case is so needlessly here that we do not consider the question on its merits, but reverse pro forma, sustain the demurrer, and remand, that the State’s Attorney may ask leave to amend the information, which he ought to have done at once on the objection being made. It is not well that the course of justice should be obstructed by impediments that can be so easily removed.

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Pee Cueiam.

The question is whether the allegation that the prisoner had carnal knowledge with Cora Smith, etc., charges adultery. The case is so needlessly here that we do not consider the question on its merits, but reverse pro forma, sustain the demurrer, and remand, that the State’s Attorney may ask leave to amend the information, which he ought to have done at once on the objection being made. It is not well that the course of justice should be obstructed by impediments that can be so easily removed.

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Bluebook (online)

47 A. 102, 72 Vt. 46, 1899 Vt. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-austin-vt-1899.

Opinion

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