State v. Leonard
Superior Court of New Hampshire
Complaint by Benjamin Doe, as clerk of the company of infantry, in Pembroke, commanded by Aaron Whitte-more, jr. setting forth, that the respondent being a private in said company, and having been duly notified to meet with the company on the seventh day of May, A. D. 1833, did unnecessarily neglect to appear. The cause came to the court of common pleas on appeal from the decision of a justice of the peace, and was tried at the September term.
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Complaint by Benjamin Doe, as clerk of the company of infantry, in Pembroke, commanded by Aaron Whitte-more, jr. setting forth, that the respondent being a private in said company, and having been duly notified to meet with the company on the seventh day of May, A. D. 1833, did unnecessarily neglect to appear. The cause came to the court of common pleas on appeal from the decision of a justice of the peace, and was tried at the September term. The complainant, to prove that he was clerk of the company, offered in evidence a warrant to himself, dated April 29, A. D. 1833, signed by the colonel…
1Opinion of the Court
Paeker J.
The first objection to be considered, is, that there was no sufficient evidence that Doe was clerk of the company of infantry, and that the complaint by him cannot, therefore, be sustained.
The constitution provides that the captains and subalterns, in the respective regiments, shall be nominated and recommended, by the field officers, to the governor, who is to issue their commissions immediately upon the receipt of such recommendation, and that the commanding officers, of regiments shall appoint their adjutants and quartermasters, the brigadiers their brigade majors, the major…
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