State v. Newton
Cases that cite this one
7 later published cases cite this decision.
- Sweek v. People (Colo. 1929)
- State v. Baker, Alias Bland, Alias Drew (Vt. 1927)
- People v. Israel (Ill. 1915)
- State v. Mjelde (Mont. 1904)
- United States v. Scott (U.S. Circuit Court for the District of Kentucky 1895)
- State v. Pierce (Iowa 1889)
- State v. Clark (Vt. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of the court was delivered by
It is urged that the indictment i.s open to the objection of .duplicity, because in a single count it charges the larceny
Whether the count is double depends on whether it charges more than one larceny. Whether there was more than one larceny depends on whether there was more than one taking and not on the number of articles taken, nor on their ownership. The count alleges but one taking, a single transaction, and is therefore not double. The articles are alleged to have been found and taken at one time and at one place. The indictment follows the form in Chit. Or. Law, 959. The authorities upon this subject are ably reviewed by Mr. Justice Sargent in State v. Merrill, 44 N. H., 625, and we concur in the doctrine of that case. See also State v. Cameron, 40 Vt., 555. We see no fault in the indictment, either in its description of the place where the offense occurred, or in the form of its conclusion. The result is a judgment that the respondent take nothing by his exceptions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.