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71 Vt. 405

State v. Hubbard

Supreme Court of Vermont

Decided June 5, 1899

Supreme Court of Vermont · decided 1899-06-05

Information. Trial by jury, at the September term, 1898, Washington county, Start, J., presiding, Verdict, guilty. The respondent excepted. The court, so far as informations are concerned, having held that the same may be amended in substance notwithstanding V. S. 4542, should be confined to common law rules in determining the right to amend; and V. S. 1911 does not apply. ■

Relies on State v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1899-06-05

How this case has been cited

Cited by 5 later decisions — most recently May 1939

5 state decisions

3018991900191019201930decided

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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Watson, J.

¶1An information was filed against the respondent charging him with owning, keeping, and possessing intoxicating liquor with intent to sell, furnish, and give away the same, without authority of law, in which the time of committing the offense was alleged as “on the day of A. D. 1898.” Upon motion of the State, the court allowed the information to be amended by inserting, *406in said blank spaces, the date, claimed to be that of the alleged owning, keeping, etc., to which respondent excepted.

¶2It is contended on behalf of the respondent that the allowance of this amendment was, in effect, making a new information and therefore improper.

¶3Assuming the respondent’s contentions, as to the effect of this amendment, to be sound, it can avail him nothing, for, at common law, informations were amendable in substance, even to the striking out or the addition of new counts. State v. White, 64 Vt. 372.

¶4Judgment that there is no error in the proceedings of the county court, and that the respondent take nothing by his exceptions. Let sentence be imposed and execution done.

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