State v. Baril, No. 1916
| Docket Nº | No. 1916 |
| Citation | 250 A.2d 732, 127 Vt. 394 |
| Case Date | February 04, 1969 |
| Court | United States State Supreme Court of Vermont |
Page 732
v.
Raymond BARIL.
[127 Vt. 396]
Page 733
Joseph C. Palmisano, State's Atty., for the State.Monte & Monte, Barre, for respondent.
Before [127 Vt. 395] HOLDEN, C. J., and SHANGRAW, BARNEY and KEYSER, JJ.
[127 Vt. 396]
Page 734
HOLDEN, Chief Justice.The respondent Raymond Baril was halted on Interstate Highway 89 by state police officer Willard Gove for exceeding the speed limit prescribed for that thoroughfare. After a brief conference with the respondent, the officer informed the respondent that he would discuss the matter with the state's attorney and he would be notified if he was to appear in court. A week later the respondent was notified, by registered mail, to appear before the district court on April 18, 1967, to answer to the charge of exceeding the speed limit.
When the respondent appeared in court at the time indicated in the summons, the state's attorney presented an information upon which a warrant issued. It alleged 'that Raymond Baril of Barre in the County of Washington at Middlesex on to wit, the 6 day of April 1967; did then and there operate a motor vehicle, to wit, an automobile, upon and along the public highway, to wit, the public highway known as Interstate 89, at a rate of speed in excess of the established speed limit, to wit, 65 miles per hour, contrary to regulations governing use of the Interstate highway; contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the State.'
To this charge the respondent entered a plea of not guilty. In the trial that followed, the jury found the respondent guilty. After verdict, the respondent requested the trial court to dismiss the information as being insufficient to sustain a judgment of conviction. He also moved to set aside the verdict and asked the court to order a new trial. To the denial of these motions the respondent appeals.
Under the prevailing rule in this jurisdiction, after a verdict of guilty has been returned, a motion to arrest the judgment of [127 Vt. 397] conviction is the proper instrument to reach substantial and fatal defects in an indictment on information. State v. Parker, 123 Vt. 369, 370, 189 A.2d 540; State v. Gosselin, 110 Vt. 361, 365, 6 A.2d 14. Deficiencies which extend only to the form or detail in which the offense is charged are waived unless challenged by appropriate motion in the preliminary stages of the proceedings. Breese v. United States, 226 U.S. 1, 33 S.Ct. 1, 57 L.Ed. 97, 98; State v. Colby, 98 Vt. 96, 97, 126 A. 510; State v. Louanis, 79 Vt. 463, 466, 65 A. 532; 41 Am.Jur.2d, Indictments and Informations, § 299.
Thus our concern is whether the shortages, of which the respondent complains, are critical and of such dimension as to render the information insufficient to sustain the verdict and judgment of conviction. His contention in this respect is twofold. First, it is urged that the information fails to allege any statutory offense, thereby depriving the defense of the opportunity of adequately preparing for trial. Secondly, he asserts that if the prosecution is based on 23 V.S.A. § 1141, it falls within an exception of that statute which was not specially pleaded.
Section 1141 of the motor vehicle law provides-'Outside the limits of a city or incorporated village, the maximum rate of speed on all public streets and highways, except the national system of interstate and defense highways, for a motor vehicle shall be fifty miles per hour.' The same section further provides that a traffic committee, consisting of the commissioners of highways, public safety and motor vehicles, after public notice, may establish different speed limits at intersections and other designated areas along such highways.
A criminal complaint based on section 1141, which alleges a rate of speed less than the maximum rate provided in that section, must specify the restricted area and the applicable speed limit as regulated by the traffic committee. State v. Snyder, 123 Vt. 367, 368, 189 A.2d 535. See also State v. Pelletier, 123 Vt. 271, 272, 185 A.2d 456.
Section 1010 of the motor vehicle law provides that the same traffic committee named...
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State v. Coffee, No. 53686
...of jury); State v. Collins (1967), 276 Minn. 459, 150 N.W.2d 850, 861 (waiver of alleged jury misconduct); State v. Baril (1969), Vt., 250 A.2d 732, 735 (waiver of alleged misconduct of trial judge and prosecutor); United States v. Myerson (1966), 2 Cir., 368 F.2d 393, Page 396 395 (waiver ......
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State v. Oakes, No. 8-68
...court to take corrective action, or in the alternative, there just be a showing that no such opportunity was offered. State v. Baril, 127 Vt. 394, 399, 250 A.2d 732. Moreover, an examination of the arguments here demonstrates that they did not exceed the bounds of fair comment, and furnish ......
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State v. Berard, No. 44-73
...had not been shown, but even if it were, the record did not show harmful error. Id. 117 Vt. at 196-197, 90 A.2d 562. In State v. Baril, 127 Vt. 394, 400, 250 A.2d 732 (1969), a speeding ticket was at issue. The defense sought to cross-examine the arresting officer witness as to the possibil......
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Van Ness v. US, No. 88-145.
...utilized different approaches and have reached different results. I consider those decisions in chronological order. In State v. Baril, 127 Vt. 394, 250 A.2d 732 (1969), the defendant was convicted of speeding. At trial, he had sought to interrogate the arresting officer on the number of ar......
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State v. Oakes, 8-68
...court to take corrective action, or in the alternative, there just be a showing that no such opportunity was offered. State v. Baril, 127 Vt. 394, 399, 250 A.2d 732. Moreover, an examination of the arguments here demonstrates that they did not exceed the bounds of fair comment, and furnish ......
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State v. Coffee, 53686
...of jury); State v. Collins (1967), 276 Minn. 459, 150 N.W.2d 850, 861 (waiver of alleged jury misconduct); State v. Baril (1969), Vt., 250 A.2d 732, 735 (waiver of alleged misconduct of trial judge and prosecutor); United States v. Myerson (1966), 2 Cir., 368 F.2d 393, Page 396 395 (waiver ......
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State v. Berard, 44-73
...had not been shown, but even if it were, the record did not show harmful error. Id. 117 Vt. at 196-197, 90 A.2d 562. In State v. Baril, 127 Vt. 394, 400, 250 A.2d 732 (1969), a speeding ticket was at issue. The defense sought to cross-examine the arresting officer witness as to the possibil......
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Deneal v. U.S., 85-1554.
...whether increased appropriations for drug enforcement created political pressure to increase conviction rate prohibited); State v. Baril, 127 Vt. 394, 400, 250 A.2d 732, 736 (1969) (questioning seeking to establish bias link between officer's motivation for making arrest and criterion for p......