State v. Johnson

Supreme Court of Vermont

State v. Johnson

47 A. 398, 72 Vt. 118, 1900 Vt. LEXIS 95

CourtSupreme Court of Vermont

DecidedFebruary 14, 1900

StatusPublished

Cited by1 cases

This text of 47 A. 398 (State v. Johnson) 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. Johnson, 47 A. 398, 72 Vt. 118, 1900 Vt. LEXIS 95 (Vt. 1900).

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Opinion

Munson, J.

The court overruled successively the demurrer, the motion to dismiss, and the motion in arrest, by which the respondent sought to avail himself of certain matters testified to on the trial as having occurred in the grand jury room. There was no error in this, for none of these pleadings fastened upon irregularities not disclosed by the papers. No course having been taken that involved an inquiry as to the matters complained of, the case presents a statement of evidence tending to establish certain facts, but no ascertainment of the facts. It is apparent that a plea in abatement was the only proceeding adapted to the relief sought; and the respondent should have moved for some action that would have enabled him to get the benefit of that plea.

We dispose of the case upon these grounds, without considering the fact that the demurrer was entertained without a withdrawal of the plea of not guilty, and without considering whether the matters complained of, if properly presented, would vitiate the indictment.

Judgment that there is no error in the proceedings, and that the respondent take nothing by his exceptions.

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Munson, J.

The court overruled successively the demurrer, the motion to dismiss, and the motion in arrest, by which the respondent sought to avail himself of certain matters testified to on the trial as having occurred in the grand jury room. There was no error in this, for none of these pleadings fastened upon irregularities not disclosed by the papers. No course having been taken that involved an inquiry as to the matters complained of, the case presents a statement of evidence tending to establish certain facts, but no ascertainment of the facts. It is apparent that a plea in abatement was the only proceeding adapted to the relief sought; and the respondent should have moved for some action that would have enabled him to get the benefit of that plea.

We dispose of the case upon these grounds, without considering the fact that the demurrer was entertained without a withdrawal of the plea of not guilty, and without considering whether the matters complained of, if properly presented, would vitiate the indictment.

Judgment that there is no error in the proceedings, and that the respondent take nothing by his exceptions.

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Bluebook (online)

47 A. 398, 72 Vt. 118, 1900 Vt. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-vt-1900.

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