¶1Let the respondents go to trial on the fourth count of the indictment only; The Court were not availed Of their acquittal in the lower Court of the three first counts in the indictment, or they Would have directed the clerk to arraign the defendants on the fourth count only; The clerk will rectify the entry;
2 Tyl. 471
State v. Kittle
Decided February 15, 1803
Supreme Court of Vermont · decided 1803-02-15
THE defendants were indicted before the County Court. The indictment contained four counts: the three first for a riot, the fourth for a common assault and battery. They went to trial in the lower Court, and the Jury found them guilty only on the fourth count. They appealed to this Court, and now a question is made, whether the defendants, who had been arraigned and pleaded not guilty to the indictment, were held to defend on the three first counts in the indictment.
Cited by 1 later decisions — most recently November 1906
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1803-02-15
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