State v. Larose
Supreme Court of New Hampshire
Indictment, for a second offence of illegally keeping liquor for sale on September 1, 1901. Trial by jury and verdict of guilty of a first offence. The indictment alleged a prior conviction on May 15, 1901. Transferred from the September term, 1901, of the superior court by Peaslee, J. The state’s evidence tended to prove the following facts: The defendant keeps a drug store in Nashua.
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Indictment, for a second offence of illegally keeping liquor for sale on September 1, 1901. Trial by jury and verdict of guilty of a first offence. The indictment alleged a prior conviction on May 15, 1901. Transferred from the September term, 1901, of the superior court by Peaslee, J. The state’s evidence tended to prove the following facts: The defendant keeps a drug store in Nashua. The place was searched Sunday, September 1. The officers found one man sitting in the front store and two others in a small side room. A clerk was just coming from the back store with a bottle in his hand, and…
1Opinion of the CourtParsons, J.
The only variance between the indictment and the proof was the absence of evidence tending to sustain the allegation of a prior conviction. Omitting this allegation, the indictment charged an offence which was sustained by the evidence. The allegations were several; sufficient being proved to establish an offence alleged in the indictment, the respondent was properly convicted of the offence proved. State v. Small, 64 N. H. 491, 492; State v. Thornton, 63 N. H. 114, 115; State v. Webster, 39 N. H. 96; State v. Dorr, 82 Me. 341; Palmer v. People, 5 Hill 427; Rosc. Cr. Ev. 99, 100.
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2Cases cited3 opinions
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