State v. Hilliker, 537
| Citation | 97 A.2d 119,117 Vt. 569 |
| Decision Date | 05 May 1953 |
| Docket Number | No. 537,537 |
| Court | Vermont Supreme Court |
| Parties | STATE v. HILLIKER. |
Robert H. Brown, State's Atty., St. Albans, for plaintiff.
John H. Webster, Swanton, for defendant.
Before SHERBURNE, C. J., JEFFORD, CLEARY and CUSHING, JJ., and HUGHES, Superior Judge.
The respondent was found guilty by a jury in the Franklin Municipal Court of the unlawful possession of a wild deer. Judgment was entered on the verdict, sentence imposed and execution stayed. The matter is before this Court on respondent's exceptions. He briefs three; to the court's refusal to dismiss the information; to the court's charge and to the court's refusal to set aside the verdict.
Viewing the evidence in the light most favorable to the state the jury could reasonably find the following facts. On February 2, 1952, a deer was set upon by dogs in Highgate and badly injured. It was found on the ice on the Mississquoi River by Frank Grennia who drew it onto upper ground. Shortly after Delbert Witham opened the deer, cleaned it out and after it got could dragged it across the ice to the garage of the Swanton power plant at Highgate Falls, put it inside and locked the door. When the deer was brought to the garage the respondent and Ezra Hakey were in the vicinity of the power plant with a small pickup truck owned by the latter.
After Witham locked the deer in the garage he went home for dinner. His house is on the road from the power plant to the main highway which goes across the bridge to Highgate Center. While eating, Witham saw Hakey's truck in which were the respondent and Hakey drive from the power plant to the main highway and toward the Center. After the truck had driven out of the power plant road Witham went to the garage, found that the lock had been taken off the door and the deer removed.
The following day Hilliker returned to the power plant and told Ward Barney, who was employed there, that 'we brought the lock back.'
Gilbert Bohannon, a State fish and game warden, was notified of the death of the deer and on the 2nd and 4th of February made an investigation. He examined the Hakey truck and found blood and deer hair inside and deer hair on the running board. Respondent told Bohannon that he and Ezra Hakey dressed off a deer which was brought from the power plant in Ezra's car.
Respondent's motion to dismiss, made at the close of the evidence and subsequent to his motion to set aside the verdict, alleges as the ground therefor that 'the state has failed in the trial * * * to introduce any evidence to show that the offense * * * was committed at any spot territorially within the limits of the court's jurisdiction.'
Judicial notice is taken of the fact that the Franklin Municipal Court has jurisdiction throughout the County of Franklin, Hancock v. Town of Worcester, 62 Vt. 106, 108, 18 A. 1041, and that the town of Highgate is in Franklin County, State Treasurer v. Bishop, 39 Vt. 353, 356. It was not error to deny the motion.
The exception to the charge briefed by the respondent is without avail as the transcript does not show that any exception was taken. Macauley v. Hyde, 114 Vt. 198, 204, 42 A.2d 482.
Respondent's motion to set aside the verdict relies upon six grounds as follows:
A motion to set aside the verdict on the ground that it is contrary to the evidence is addressed to the discretion of the trial court. Russell v. Pilger, 113 Vt. 537, 550, 37 A.2d 403. In disposing of this ground it was the duty of the court to view the evidence in the light most favorable to the verdict. Russell v. Pilger, supra. From what we have said previously with respect to the evidence the jury was justified in finding that the deer was in the town of Highgate and in the possession of the respondent and Hakey. No abuse of discretion is alleged nor shown and this ground is without avail.
This ground was equivalent to a claim that there was no evidence to support the verdict. It presents a question of law and could not properly be granted if there was any evidence fairly and reasonably tending to justify the verdict. Macauley v. Hyde, 114 Vt. 198, 206, 42 A.2d 482. From what has been said...
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State v. Demag, 1266
...court cannot be put in error on a point not made below. Campbell v. Howard National Bank, 118 Vt. 182, 188, 103 A.2d 96; State v. Hilliker, 117 Vt. 569, 571, 97 A.2d 119; Winegar v. Estate of Aubin, 117 Vt. 440, 441, 94 A.2d 240; Croteau v. Allbee, 117 Vt. 332, 335, 91 A.2d 803; Bonneau v. ......
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State v. Bishop, 27-69
...jury, being the trier of facts, is the sole judge of the credibility of witnesses and of the weight of their testimony. State v. Hillker, 117 Vt. 569, 572, 97 A.2d 119. Where there is some evidence tending to support the verdict, its construction and weight is for the jury. State v. Pierce,......
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...jury in this case--was the sole judge of the credibility of witnesses. Daigle v. Conley, 121 Vt. 305, 307, 155 A.2d 744; State v. Hilliker, 117 Vt. 569, 572, 97 A.2d 119; LaPierre v. Halpin, 111 Vt. 193, 195, 13 A.2d 281. A court should not instruct the jury as to the relative weight of tes......
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...their testimony. State v. Martel, 122 Vt. 491, 494, 177 A.2d 236; Daigle v. Conley, 121 Vt. 305, 307, 155 A.2d 744; State v. Hilliker, 117 Vt. 569, 572, 97 A.2d 119. The action of the trial court in denying the motions for a directed verdict of acquittal, and permitting the jury to resolve,......