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104 Vt. 379

160 A 237

State v. Stacy

Supreme Court of Vermont

Decided May 4, 1932

Supreme Court of Vermont · decided 1932-05-04

Relies on McAllister v. Benjamin · Ryan v. Orient Insurance · Goodwin, Admx. v. Gaston

Good law ✅— No negative treatment on recordhow we know

Decided 1932-05-04

How this case has been cited

Cited by 42 later decisions (1 by the Supreme Court) — most recently July 1985 · most notably Elkins v. United States (1960), Wolf v. People of the State of Colorado (1949)

2 federal appellate · 1 district · 36 state decisions

150193219401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1After the opinion in this case was handed down, counsel for respondent obtained leave to file a motion for reargument, and have done so, upon several grounds.

¶2The first ground is based upon the statement in the opinion that certain objections to evidence were not made in the trial court and consequently are not available here. It is claimed, in substance, that these objections could not have been advanced at the time the evidence was received, but were included in a subsequent motion. However this may be, they were treated as being properly in the case, notwithstanding the fact that it did not appear that they had been stated, and were considered on their merits and held to be without force.

¶3In support of the second ground it is urged that the testimony of the witness Bogardus to the effect that Remington Clean Bore cartridges were first put on the market in 1928 was struck from the records, and that therefore the Attorney General improperly made use of it in his argument to the jury. An examination of the transcript discloses that, while certain testimony of this witness was struck from the record, the ruling did not include what he had said concerning this matter.

¶4It is not necessary particularly to notice the remaining grounds of the motion. All the questions raised by them were fully presented by the briefs and arguments of counsel, and received our careful attention. They were decided upon due consideration and we perceive no reason to recede from the conclusions reached in the opinion. No reason for granting a reargument of the case is made to appear. Goodwin, Admx. v.Gaston et al., Rec'rs,103 Vt. 357, 370, 154 A. 772; McAllister v. Benjamin,96 Vt. 475, 500, 121 A. 263; Ryan v. Orient Ins.Co.,96 Vt. 291, 305, 119 A. 423.

¶5Motion for reargument denied.*412

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