State v. Spear
Supreme Court of New Jersey
On motion to quash an indictment removed from the Camden Sessions by certiorari. The following is the indictment, found at September Term, 1898: “ Camden county, to wit: The grand inquest of the State of New Jersey, in and for the body of the county of Camden, upon their respective oath and affirmation, present, that George Spear, Henry Howard and Henry Harbeck, all late of the city of Camden, in the said county of Camden, on the fifteenth day of June, in the year of our…
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On motion to quash an indictment removed from the Camden Sessions by certiorari. The following is the indictment, found at September Term, 1898: “ Camden county, to wit: The grand inquest of the State of New Jersey, in and for the body of the county of Camden, upon their respective oath and affirmation, present, that George Spear, Henry Howard and Henry Harbeck, all late of the city of Camden, in the said county of Camden, on the fifteenth day of June, in the year of our Lord one thousand eight hundred and ninety-eight, and on divers other days and times between said day and the taking of…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The statute on which this indictment appears to be based (Gen. Stat., p. 1116, pi. 362-3) was substantially amended by the general revision of the Crimes act taking effect July 4th, 1898 (Pamph. L.,p. 810, § 59).
Under either statute the indictment is radically defective. It violates the requirement both of our state constitution and *181of the common law that indictments shall be framed with certainty. There must be a description of the crime of which the defendant is accused and a statement of the facts by which it is constituted in order to…
2Cases cited2 opinions
- State v. SchmidSupreme Court of New Jersey · 1895
- Linden Park Blood Horse Ass'n v. StateSupreme Court of New Jersey · 1893
3Cited by14 opinions
- State v. Western Union Telegraph Co.New Jersey Superior Court Appellate Division · 1951
- State v. WilliamsonNew Jersey Superior Court Appellate Division · 1959
- State v. DeVitaNew Jersey Superior Court Appellate Division · 1950
- State v. WinneNew Jersey Superior Court Appellate Division · 1952
- State v. TulenkoSupreme Court of New Jersey · 1945
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