State v. Ingalls

Supreme Court of New Hampshire

State v. Ingalls

59 N.H. 88

CourtSupreme Court of New Hampshire

DecidedJune 5, 1879

StatusPublished

Cited by1 cases

This text of 59 N.H. 88 (State v. Ingalls) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ingalls, 59 N.H. 88 (N.H. 1879).

Pincite

Opinion

Allen, J.

The offence charged was one for which the penalty was not death, nor imprisonment for more than one year, and might be charged by information. G. L., c. 260, ss. 1, 10; State v. Dover, 9 N. H. 468. In the absence of the attorney-general, the solicitor was the proper officer to sign and present the information. Gr. L., c. 16, s. 5. The offence charged was continuing in its nature, and might be alleged with a continuando. 1 Bish. Cr. Pr. 392, 397; Bish. St. Cf. 722; Hinson v. The State, 7 Mo. 244. A day certain, within the time limited by law for the recovery of a, penalty, and prior to the filing of the information, must be stated. State v. Pratt, 14 N. H. 456; State v. Caverly, 51 N. H. 446; Com. v. Doyle, 110 Mass. 103; State v. Davidson, 36 Tex. 325; 1 Arch. Cr. Pl. 257; 2 Hawk. P. C., c. 25, s. 77. The averment of time in the information was of a day certain. If that day was prior to the filing of the information, it was sufficient.

Case discharged.

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

Free access — add to your briefcase to read the full text and ask questions with AI

Allen, J.

The offence charged was one for which the penalty was not death, nor imprisonment for more than one year, and might be charged by information. G. L., c. 260, ss. 1, 10; State v. Dover, 9 N. H. 468. In the absence of the attorney-general, the solicitor was the proper officer to sign and present the information. Gr. L., c. 16, s. 5. The offence charged was continuing in its nature, and might be alleged with a continuando. 1 Bish. Cr. Pr. 392, 397; Bish. St. Cf. 722; Hinson v. The State, 7 Mo. 244. A day certain, within the time limited by law for the recovery of a, penalty, and prior to the filing of the information, must be stated. State v. Pratt, 14 N. H. 456; State v. Caverly, 51 N. H. 446; Com. v. Doyle, 110 Mass. 103; State v. Davidson, 36 Tex. 325; 1 Arch. Cr. Pl. 257; 2 Hawk. P. C., c. 25, s. 77. The averment of time in the information was of a day certain. If that day was prior to the filing of the information, it was sufficient.

Case discharged.

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

Cite This Page — Counsel Stack

Bluebook (online)

59 N.H. 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ingalls-nh-1879.

Opinion

Related

Cite This Page — Counsel Stack