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93 Vt. 449

State v. Elliott

Supreme Court of Vermont

Decided October 9, 1919

Supreme Court of Vermont · decided 1919-10-09

<p>Criminal Law — Pleading—Sufficiency of Information.</p> <p>A complaint charging that respondent did “sell intoxicating liquor without authority” is bad because it may apply to one of several definite offences without specifying which, and therefore does not sufficiently inform the accused of the particular offence charged.</p>

Cited by 2 later decisions — most recently May 1938

2 state decisions

Relies on State v. Villa

Good law ✅— No negative treatment on recordhow we know

Decided 1919-10-09

View the full empirical analysis of this case →

Powers, J.

¶1Although this complaint specifies the person to *450whom, the time when, and the place where the intoxicating liquor was said to have been furnished, it is no better, as a criminal pleading, than the one in State v. Villa, 92 Vt. 121, 102 Atl. 935; and for the reasons therein stated is fatally defective, and cannot support a conviction.

¶2 The judgment overruling the motion in arrest is reversed, the motion is sustained, and the respondent is discharged.

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