State v. Leach

Decided November 26, 1904

Supreme Court of Vermont · decided 1904-11-26

<p>Criminal Law- — Statutory Rape — Punishment—Prosecution — Information.</p> <p>Under V. S. 4908, as amended b7 No. 118, Acts of 1898, statutory rape is not punishable by imprisonment in tbe State's prison more than 20 years. Hence a State’s Attorney can prosecute for that offence by information.</p>

Cited by 1 later decisions — most recently October 1905

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-26

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HasEETon, J.

¶1The question and the sole question in the case is raised by demurrer and is whether a State’s Attorney can prosecute by information for statutory rape. This offence is not punishable by imprisonment in the State’s prison more than twenty years. V. S. 4908 as amended by Acts of 1898, No. 118. Hence the State’s Attorney can prosecute. V. S. 1867 as amended by Acts of 1898, No. 46.

¶2The action of the trial court in overruling the respond- ' ent’s demurrer and adjudging the information sufficient is sustained and the

¶3Cause is remanded for trial.