Legal Opinion

State v. Burgess

Supreme Court of New Hampshire

Decided January 6, 1914PublishedCited by 1 opinion

Indictment, alleging that the respondent, at a stated time and place, was “guilty of lascivious behavior by then and there willfully and unnecessarily exposing the private parts of the person of him, the said Ralmond A. Burgess, in the view of” three women. Trial by jury and verdict of guilty. Transferred from the April term, 1913, of the superior court by Chamberlin, J., on the respondent’s exception to the denial of his motion to quash the indictment.

1Opinion of the CourtWalker, J.

The indictment is sufficient. It is provided in section 3, chapter 272, Public Statutes: “If any person shall be guilty of open, gross lewdness or lascivious behavior, such person shall be imprisoned not exceeding six months and be fined not exceeding two hundred dollars.” The indictment charges in the language of the statute that the respondent was guilty of “lascivious behavior” and specifies what his conduct was at the time alleged, which is clearly sufficient to constitute the offence. “The indictment is sufficient if it sets out so much of fact as to make the criminal nature of what is…

2Cases cited1 opinion

  1. State v. DameSupreme Court of New Hampshire · 1881

3Cited by1 opinion

  1. State v. BergenSupreme Court of New Hampshire · 1996

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