State v. Dugee

• Citation: 144 A. 689
• Parties: STATE v. DUGEE.
• Decision Date: 06 February 1929
• Court: United States State Supreme Court of Vermont

144 A. 689

STATE

v. DUGEE.

Supreme Court of Vermont. Orleans.

Feb. 6, 1929.

Exceptions from Orleans County Municipal Court; Frank C. Williams, Judge.

Herbert Dugee was convicted of operating a motor vehicle to which was attached number plates that were not assigned to said motor vehicle, and he brings exceptions. Reversed and remanded.

This is on information by the state's attorney of Orleans county, charging that the respondent "in Westmore," in said county, on the 11th day of December, 1927, "did operate a motor vehicle" in and on the public highway, "to which was attached number plates that were not assigned to said motor vehicle by the commissioner of motor vehicles, contrary to the form of the statute," etc. The plea was one of "not guilty," and a trial by jury was had in the Orleans county municipal court, resulting in a verdict of guilty. Judgment was rendered on verdict.

By section 70, No. 70, Acts of 1925, "every motor vehicle, operated on any highway, shall have displayed in a conspicuous place, at the front and rear, the proper number plates furnished by the secretary of state, showing the number assigned to such vehicle by said secretary"; and by section 72 (among other things) "a person shall not operate a motor vehicle to which number plates are attached that were not assigned to such vehicle by said secretary."

Argued before WATSON, C. J., and POWERS, SLACK, MOULTON, and CHASE, JJ.

James Brownlee, State's Atty., of Barton, for the State.

James B. Campbell, of St. Johnsbury, for respondent.

WATSON, C. J. Evidence was introduced by the prosecution in its opening case. When the state rested, the respondent moved that he be discharged "because there was no evidenee to go to the jury to substantiate the offense charged, or to prove it in any legal way." The motion was overruled and exception allowed. Thereupon respondent also rested his case.

Evidence introduced by the prosecution tended to show that on December 11th the Marmon touring car on which were number plates ("No. 65,814, Vermont") attached that were not assigned to it by the secretary of state, with two men in it, was pursued by three officers in a patrol car for a distance of two or three miles on a highway in the town of Westmore, in said Orleans county, when the driver of the Marmon car evidently lost control, and the car left the highway and went over the bank; that it was then dark, but the patrol car had headlights and was running very close to the Marmon car; that the officers saw two men leave the latter car, one on each side of it, and start running from it in opposite directions, one away from the road toward the end of the swamp; that Officer Phelps, having a flash-light, pursued this man on foot about one-fourth of a mile through the swamp and overtook him; that, just before Phelps reached the man he was pursuing, the latter came to a thicket of cedar which was hard to get through, and Phelps was so close to him that he stopped, turned around, and faced Phelps, who flashed his flash-light upon him and saw that it was Dugee, the respondent, whom he knew; that Officer Phelps called for the man to put up his hands, but, instead of doing so, the man started for Phelps and said, "No, you put up your hands;" that Phelps grabbed the man and discovered that he had a knife in a sheath under his arm; that as a result of the scuffle then and there had between them the man escaped the officer, taking the latter's flash-light with him; that Officer Phelps is positive that the respondent is the same man that he saw leaving the Marmon car and running toward and into the swamp, and whom he (Phelps) then pursued and overtook in the swamp, all as above stated.

There was other evidence tending to show respondent's identity. But it is argued in his behalf that there was no evidence tending to show that he was the person who was then operating the' Marmon car, as distinguished from the other man, who took flight from that car at the same time in the opposite direction, and who was neither captured nor recognized by any of said officers. It is too well settled to need further...