¶1The question is whether the allegation that the prisoner had carnal knowledge with Cora Smith, etc., charges adultery. The case is so needlessly here that we do not consider the question on its merits, but reverse pro forma, sustain the demurrer, and remand, that the State’s Attorney may ask leave to amend the information, which he ought to have done at once on the objection being made. It is not well that the course of justice should be obstructed by impediments that can be so easily removed.
72 Vt. 46
State v. Austin
Decided November 20, 1899
Supreme Court of Vermont · decided 1899-11-20
<p>Practice — The question of the sufficiency of an information for adultery, raised by demurrer, being needlessly before the Supreme Court through the omission of the State’s Attorney to ask leave to amend, judgment was reversed proforma and cause remanded.</p>
Cited by 1 later decisions — most recently October 1935
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1899-11-20
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