State v. Demerritt

8 A. 826, 64 N.H. 313

Opinion

Clark, J.

The indictment does not allege that a warrant was issued by the prudential committee for the annual meeting, or given to the clerk to be recorded (G. L., c. 87, s. 5), nor does it in any way allege that the meeting was legally called or duly held. State v. Marshall, 45 N. H. 281. The clerk had no official duty to perform in connection with the meeting, unless is was a lawful one. Bish. St. Cr„ ss. 832, 838.

Demurrer sustained.

Allen, J., did not sit: the others concurred.