State v. Wilson
Supreme Court of New Hampshire
This was an indictment for a nuisance at common law; that E. M. Wilson, of, &c., on the 1st of June, 1858, and on divers other days and times, &c., at Pembroke, &e., with force and arms, near to a public street in P. aforesaid, called Pembroke street, being a common highway, &c., and near the dwelling-houses of divers citizens, &c., did unlawfully and without sufficient cause keep and maintain a certain slaughter-house, and a cellar under the same, and in said…
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This was an indictment for a nuisance at common law; that E. M. Wilson, of, &c., on the 1st of June, 1858, and on divers other days and times, &c., at Pembroke, &e., with force and arms, near to a public street in P. aforesaid, called Pembroke street, being a common highway, &c., and near the dwelling-houses of divers citizens, &c., did unlawfully and without sufficient cause keep and maintain a certain slaughter-house, and a cellar under the same, and in said slaughter-house, he, the said E. M. W-, on, &c., did kill and slaughter large numbers of oxen, &c., and on, &c., did cast and throw…
1Opinion of the CourtBell, C. J.
This is a motion in arrest of judgment, on the ground that the proceeding by indictment at common law is taken away by our statute. Rev. Stat., ch. 119.
The motion to quash the indictment was addressed to the discretion of the court, and such a motion may always be properly refused in cases of doubt. Whart. Cr. Law, 240; 1 Chitty Cr. Law, 299; Archb. Cr. Pl. 35; 2 Hawk. P. C., ch. 25, sec. 146. No exception appears to have been taken on this point.
If the proceeding by indictment is taken away by the Revised Statutes, it is by implication only. But the law does not favor a repeal by…
2Cases cited7 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Dexter & Limerick Plank Road Co. v. AllenNew York Supreme Court · 1852
- Rogers v. WatrousTexas Supreme Court · 1852
- Boarad of Trustees v. City of ChicagoIllinois Supreme Court · 1853
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Madden v. Public Utility District No. 1Washington Supreme Court · 1973
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Hohm v. City of Rapid CitySouth Dakota Supreme Court · 2008
- State v. KurtzWashington Supreme Court · 2013
- State v. PUDWashington Supreme Court · 1973
2 more not listed; retrieve them via the Exa API.