Legal Opinion

State v. Larose

Supreme Court of New Hampshire

Decided June 3, 1902PublishedCited by 30 opinions

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.

The amount of…

2Cases cited3 opinions

  1. Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
  2. State v. RaymondSupreme Court of Connecticut · 1855
  3. State v. DorrSupreme Judicial Court of Maine · 1890

3Cited by30 opinions

  1. Lawrence v. KozlowskiSupreme Court of Connecticut · 1976
  2. Twin Ports Oil Co. v. Pure Oil Co.District Court, D. Minnesota · 1939
  3. Tucker v. United StatesCourt of Appeals for the Seventh Circuit · 1912
  4. Caminetti v. Imperial Mutual Life Insurance Co.California Court of Appeal · 1943
  5. Neibling v. TerrySupreme Court of Missouri · 1944

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