State v. Jenkins
Supreme Court of New Hampshire
1. Indictment, for unlawfully keeping for sale ten gallons of spirituous liquor. The indictment was found at the April term, 1887, and the caption is as follows : “State of New Hampshire. “Merrimack ss. At the Súfreme Court holden at Concord within and for the county of Merrimack aforesaid, on the first Tuesday of April, in the year of our Lord one thousand eight hundred and eighty “The Grand Jurors of the state of New Hampshire upon their oa.th present,” áse.
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1. Indictment, for unlawfully keeping for sale ten gallons of spirituous liquor. The indictment was found at the April term, 1887, and the caption is as follows : “State of New Hampshire. “Merrimack ss. At the Súfreme Court holden at Concord within and for the county of Merrimack aforesaid, on the first Tuesday of April, in the year of our Lord one thousand eight hundred and eighty “The Grand Jurors of the state of New Hampshire upon their oa.th present,” áse. The defendant moved to quash. The motion was denied, and leave to amend, by inserting the word “seven” after the word “eighty” in the…
1Opinion of the CourtBlodgett, J.
The motion to quash the first indictment because of an erroneous statement in its caption of the year in which it was found was rightly denied. The caption is no part of an indictment : its office is to state the style of the court at which, and the time and place when and where, the indictment was found, with reasonable certainty. State v. Gary, 36 N. H. 359. In our practice, however, it is customary to affix a caption to every indictment, and when this is done the caption may doubtless be referred to in order to ascertain the court in which and the time and place at which the indictment is…
2Cases cited2 opinions
- Commonwealth v. HinesMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- In Re SpeerIdaho Supreme Court · 1933
- State v. BrennanSouth Dakota Supreme Court · 1891
- State v. DonovanSupreme Court of New Hampshire · 1986
- State v. Lager BeerSupreme Court of New Hampshire · 1900
- Ex Parte PeedeCourt of Criminal Appeals of Texas · 1914