(DOWNLOAD) "State v. Edward A. Reynolds" by Supreme Court of Vermont ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Edward A. Reynolds
- Author : Supreme Court of Vermont
- Release Date : January 04, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The defendant was convicted of the crime of perjury in Washington county court and comes here on exception to the overruling
by the trial court of his motion, made before trial, to dismiss the information. All other exceptions taken during the trial
were waived and the only contention now urged by the defendant is that the prosecution of the criminal charge in this case
violates the first section of the Fourteenth Amendment of the federal Constitution in that he was denied equal protection
of the laws. He bases this contention on Section 6648 of the Public Laws which reads thus: "The commissioner shall not be
liable in any civil action or criminal prosecu-tion for any act or omission in his official capacity, under the provisions
of chapters 271 to 276, made in good faith and upon reasonable grounds or for any act or omission in accord with the advice
of the advisory banking board." The commissioner referred to is the state commissioner of banking and insurance. [1] If the last clause of this section is to be given the board construction for which the defendant contends the logical
result would be that said commissioner would be immune from prosecution for any statutory or common law crime that he might
commit, provided he could show that he acted on advice of the board. Should he be guilty of burglary, arson or murder, proof
that the advisory banking board advised commission of the crime would be a perfect defense. Such a result would obviously
be unreasonable and absurd. It is always presumed in regard to a statute that no unjust or unreasonable result was intended
by the Legislature. Matter of Meyer, 209 N. Y. 386, 103 N. E. 713, Ann. Cas. 1915A, 263; Brackett v. Chamberlain, 115 Me.
335, 98 Atl. 933.