State v. Twarog

Supreme Court of New Hampshire

State v. Twarog

81 A.2d 855, 97 N.H. 101, 1951 N.H. LEXIS 27

CourtSupreme Court of New Hampshire

DecidedJuly 2, 1951

Docket4031

StatusPublished

Cited by3 cases

This text of 81 A.2d 855 (State v. Twarog) 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. Twarog, 81 A.2d 855, 97 N.H. 101, 1951 N.H. LEXIS 27 (N.H. 1951).

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Opinion

Blandin, J.

The statute under which the complaints were brought provides that “If any person shall assault or beat another” he shall be fined or imprisoned and may be ordered to recognize with sureties to keep the peace. The complaints are in the usual form for simple assault and contain with additional description the identical word of the statute. R. L., c. 455, s. 22. The means used are not an essential element of the offense and need not be specifically alleged. We believe the complaints were adequate to inform the respondent of the nature and cause of the accusation against her with sufficient definiteness so that she could prepare for trial, and this satisfies our law. State v. Ellard, 95 N. H. 217, 220, and cases cited. It follows the order is

Exceptions overruled.

All concurred.

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Blandin, J.

The statute under which the complaints were brought provides that “If any person shall assault or beat another” he shall be fined or imprisoned and may be ordered to recognize with sureties to keep the peace. The complaints are in the usual form for simple assault and contain with additional description the identical word of the statute. R. L., c. 455, s. 22. The means used are not an essential element of the offense and need not be specifically alleged. We believe the complaints were adequate to inform the respondent of the nature and cause of the accusation against her with sufficient definiteness so that she could prepare for trial, and this satisfies our law. State v. Ellard, 95 N. H. 217, 220, and cases cited. It follows the order is

Exceptions overruled.

All concurred.

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Bluebook (online)

81 A.2d 855, 97 N.H. 101, 1951 N.H. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-twarog-nh-1951.

Opinion

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