State v. Minford
Supreme Court of New Jersey
On indictment. An indictment for libel, found in the Atlantic Oyer, was removed to this court by certiorari. In behalf of the defendant it is now moved to quash because the conclusion of the indictment runs “ against the peace of this state and the dignity thereof ” instead of “against the peace of this state, the government and dignity of the same,” as prescribed by article 8, paragraph 4, of the constitution.
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On indictment. An indictment for libel, found in the Atlantic Oyer, was removed to this court by certiorari. In behalf of the defendant it is now moved to quash because the conclusion of the indictment runs “ against the peace of this state and the dignity thereof ” instead of “against the peace of this state, the government and dignity of the same,” as prescribed by article 8, paragraph 4, of the constitution. In behalf of the state it is moved to amend so as to make the conclusion conform to the constitutional direction.
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
At common law all indictments except for mere non-feasance had to conclude thus : “Against the peace our lord the king.” It was usual, but not necessary, to add, “his crown and dignity.” 2 Hale P. C. (1st Am. ed.) 188. If the necessary conclusion was omitted the defendant might demur, move in arrest of judgment or bring a writ of error. Arch. Cr. Pl. 27, 29. So punctilious were the courts in this as in other matters, that now seem trivial, that if it appeared on the face of the indictment that the offence charged was committed in a previous…
2Cases cited3 opinions
- Frisbie v. United StatesSupreme Court of the United States · 1895
- Ketline v. StateSupreme Court of New Jersey · 1896
- Cain v. StateIndiana Supreme Court · 1838
3Cited by5 opinions
- Brandau v. StateMississippi Supreme Court · 1995
- People v. AnthonyCalifornia Court of Appeal · 1912
- Guynn v. CommonwealthSupreme Court of Virginia · 1934
- State v. BellSupreme Court of Vermont · 1978
- Darmstatter v. City Council of PassaicSupreme Court of New Jersey · 1911