Hodgson v. Vermont

Citations

• 168 U.S. 262
• 18 S. Ct. 80
• 42 L. Ed. 461
• 1897 U.S. LEXIS 1723

Syllabus

<p>The State’s attorney of Vermont, under the statutes of that State, filed an information in the proper court against H., charging that on a day and at aplace named he.“ did, at divers times, sell, furnish and give away intoxicating liquor, without authority, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.” At the same time he filed specifications as follows: “In said case the State’s attorney, for a specification, specifies, and says as follows: That he will rely upon, and expect to prove in the trial of said cause, the fact that the respondent, within three years before the filing of the information in the said cause, sold, furnished and gave away intoxicating liquor to the following named persons, or to some one of them, that is to say,” giving the names without the residences. “ And the undersigned State’s attorney states that he has also specified the offences against said respondent with all the certainty as to the time and person, and he is now able from all the information he has in said cause; and the State’s attorney reserves the right to amend these specifications if he shall have further evidence pursuant to the statute. And the State’s attorney further specifies and relies upon the selling, furnishing and giving away of intoxicating liquor by the respondent within three years before the filing of said information, to some person or persons now unknown to the State’s attorney, and claims the'right’ to add the names of such persons, when ascertained, to the specifications, and to make such other amendments in these specifications as the law and discretion of the court may admit.” This specification is not required by any statute, and forms no part of the information. It is, however, provided by statute that “ when a specification is required, it shall be sufficient to specify the offences with such certainty as to time and person as the prosecutor may be able, and the same shall be subje