State v. Rollins
Supreme Court of New Hampshire
Appeal from a justice of the peace. The complaint charged that the defendants, on, etc., at, etc., “ in a certain public place, to wit, in a certain school-house in which a singing-school was then and there being held, did make a great brawl and tumult, and stamped their feet on the floor, hissed, used loud and saucy language, and were guilty of rude, indecent, and disorderly conduct.
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Appeal from a justice of the peace. The complaint charged that the defendants, on, etc., at, etc., “ in a certain public place, to wit, in a certain school-house in which a singing-school was then and there being held, did make a great brawl and tumult, and stamped their feet on the floor, hissed, used loud and saucy language, and were guilty of rude, indecent, and disorderly conduct. The defendants moved to quash the complaint, which motion was overruled, pro forma, and the defendants excepted.
1Concurrence
By looking at the precedents of complaints for assault and battery in Bell's Justice, page 361, it will be seen that the general charge is made in the first instance, and then followed by an enumeration of the particulars of the assault and battery connected together by the conjunction "and." This form of pleading, in indictments for this description of misdemeanor, is commented upon and approved in State v. Perkins 42 N.H. 461. In the complaint under consideration, every specific act mentioned after the word "tumult" is one which might be one of the acts going to make up a tumult or a brawl;…
2Cases cited3 opinions
- Pinkerton v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1861
- State v. PeirceSupreme Court of New Hampshire · 1861
- State v. PerkinsSupreme Court of New Hampshire · 1861