State v. Lyon
Supreme Court of New Hampshire
Indictment for larceny of a pocket book and money, "of the goods, chattels and property of John Eider and John E. Eider, co-partners, in the name of John Eider and son.” Plea, not guilty. Before trial the Attorney General moved to amend the indictment by striking out the words, "John Eider and,” and the words "co-partners in the name of John Eider and Son,” so that it should read "of the goods, chattels and property of John E. Eider.”
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Indictment for larceny of a pocket book and money, "of the goods, chattels and property of John Eider and John E. Eider, co-partners, in the name of John Eider and son.” Plea, not guilty. Before trial the Attorney General moved to amend the indictment by striking out the words, "John Eider and,” and the words "co-partners in the name of John Eider and Son,” so that it should read "of the goods, chattels and property of John E. Eider.” The court reserved the question whether the proposed amendment could be allowed. By the statute of 1863, page 2706, an indictment and certain other criminal…
1Opinion of the CourtBellows, J.
At common law clerical errors only in an indictment could be amended.
By our statute of July 3, 1863, matters of form may be amended, but not matters of substance; State v. Goodrich, 46 N. H. 186 ; and the only question here is, whether the amendment asked for is in matter of form or substance.
An indictment for larceny must give the name of the owner of the goods if known ; if not known the respondent may be charged with stealing the goods of a person unknown, and then it is said, that the king shall have the goods. If, however, the owner be known, it would be improper to allege that he was…
2Cases cited1 opinion
- Emerson v. WilsonSupreme Court of Vermont · 1839
3Cited by2 opinions
- State v. FennellySupreme Court of New Hampshire · 1983
- State v. FennellySupreme Court of New Hampshire · 1983