¶1If the ordinary presumptions in favor of the proceedings of a court are to be made in this case, we must conclude that the justice, after making a preliminary inquiry, determined that there was not sufficient evidence to justify him in requiring the respondents to recognize for a trial upon the first count, and that the other, count was but an assault and battery of a minor grade and enormity, and that he ought to try it, and so did. That being so, we think the jurisdiction of that court is fully made out, and by consequence, the respondents can take nothing by their exceptions and motion in arrest; and the respondents are fined, the one $4,00, and the other $2,00, the same as by the justice, and costs,
25 Vt. 247
State v. Hall
Decided March 15, 1853
Supreme Court of Vermont · decided 1853-03-15
This was a Complaint of a town grand juror in two counts; the first count charged the respondents with an assault with intent to ravish, &c.; the second count charged the respondents with a common assault. It appeared from the records of the justice, that the respondents were arraigned upon said complaint, and plead not guilty, and put themselves on the country for trial.
Cited by 1 later decisions — most recently May 1902
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1853-03-15
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