State v. Abbott

Decided April 15, 1848

Supreme Court of Vermont · decided 1848-04-15

Indictment for wounding and maiming a certain “ red, three year old steer.” After a verdict of guilty, the respondent moved in arrest of judgment, for .the insufficiency-of the indictment; which motion was overruled by the court, April Term, 1845, — Redfield, J., presiding. Exceptions by respondent.

Good law ✅— No negative treatment on recordhow we know

Decided 1848-04-15

How this case has been cited

Cited by 3 later decisions — most recently March 1912

3 state decisions

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.

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¶1The opinion of the court was delivered by

Redfield, J.

¶2The only question, raised in the present case, is in regard to the sufficiency of the indictment. It is for a violation of the statute against maiming, or wounding, cattle. The objection *538is, that the defendant is charged with wounding a steer, without alleging, that a steer is “ cattle, or other beast,” — which are the words of the statute. It is very possible, that some of the old cases may have adopted a degree of strictness, equal to this, even. But no modern case of this character existSj it is believed; but the contrary has often been decided.

¶3Judgment that the defendant take nothing by his exceptions, or motion in arrest of judgment.