6 Vt. 215 | Vt. | 1834
The opinion of the court was delivered by
— We are not prepared to say that the decision of the county court was erroneous upon the question raise# before them. But as the verdict cannot stand on account of defect that is apparent upon the record,- we have -not so carefully examined the first question as we otherwise should have done. The indictment contains two counts — the first for impeding authority, and the second for an assault — and there having been a general verdict of guilty, the respondent was convicted on both counts; and if the law will not warrant a conviction on- both, there must be a new trial. The fifth section of the act against inferior crimes declares, “ That if any person or persons shall hinder or impede any officer, judicial or executive, civil or military, under the authority of this state, in the execution of his office, such persons on conviction shall pay a fine not exceeding five hundred dollars each.” This act being highly penal, is to be construed strictly, and no person is to be' made' subject to its penalty by implication or intendment. It was evidently made to ensure respect and obedience to all the constituted authorities of the state, who have duties to perform in administering and executing the law. The eleventh section of the justice act authorizes the justice in certain cases to depu
The judgment of the county court is reversed and a new trial granted.