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eBook details

• Title: State Vermont v. Raymond E. Pelletier
• Author : Supreme Court of Vermont
• Release Date : January 15, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The state's attorney for Caledonia County filed a complaint in Caledonia Municipal Court charging that the respondent "at
Lyndonville in said County of Caledonia, on to wit, the 8th day of March, 1961 did then and there operate a motor vehicle,
to wit, an M.G.A. automobile, on the public highway, to wit, U.S. route #5, in excess of the posted speed limit of 35 M.P.H.,
to wit, at a speed of 50 M.P.H., contrary to the form of the statute, in such case made and provided, and against the peace
and dignity of the State." On the morning of the trial, counsel for the respondent stated to the court that--"We feel that
under the circumstances we should not be required to proceed with this until the matter of where the offense is supposed to
have taken place, and whether the village ordinance is being claimed to being violated, is clarified." Whereupon the State's
attorney moved to amend the complaint by inserting after "route #5," "also known as Main Street in the Village of Lyndonville,"
and by inserting after "50 M.P.H." "in violation of the village ordinance of said Lyndonville." To this proposed amendment,
counsel for the respondent stated he had no objection and the amendment was allowed. Thereafter, after the empanelling of
the jury but before evidence was introduced, the respondent filed a motion to dismiss and the state's attorney made a further
motion to amend the complaint by inserting after the words, "ordinance of the said Village of Lyndonville," the following:
"to wit, specifically Section 2 of chapter 2 of the aforesaid ordinance." The amendment, as proposed, was allowed and on the
basis of the complaint, as amendment, the motion to dismiss was denied. The respondent was allowed an exception to the court's
overruling of his motion to dismiss on all the grounds stated therein. Thereafter, upon inquiry by the court, the respondent
informed it that he was ready to proceed with the trial. Trial followed. The respondent's motion to dismiss was based on eight different grounds. We turn directly to the last of these which reads:
"The complaint as drawn and amended fails to appraise the respondent of any specific ordinance he is charged with the violation
of."

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