State v. Comstock

Citations

• 27 Vt. 553

Syllabus

<p>It need not be stated, in a complaint by a town grand juror, that he makes it upon his oath of office. All of his official acts are under that'oath, which, it mil be presumed, he has taken.</p> <p>The legislature may prescribe the form of an indiotment in a given case, provided they violate no constitutional provision. There is no constitutional objection to the form they prescribed for prosecutions for offences against the act of 1860 regulating the traffic in intoxicating liquors. (Comp. Stat. 507, § 12.)</p> <p>Upon a general conviction, under such an indictment or complaint, the respondent can he sentenced only for the lesser offence.</p> <p>To a complaint for a violation of the act of 1850, regulating the traffic in intoxicating drinks, the respondent plead a former conviction for what he alleged to he the same offence; a ^ replication, that the offence of which the respondent was convicted and the one then charged were not committed at the same time and were not identical, was, on demurrer, held sufficient.</p>