Larison v. State
Supreme Court of New Jersey
On writ of error to Hunterdon Quarter Sessions. The plaintiff in error was convicted upon an indictment for willfully and wantonly sending and conveying to one Henrietta Conover, a female, an insulting, indecent, disgusting, offensive and annoying letter and communication, against her will and consent. The indictment was found under a statute approved March 29th, 1878, entitled “An act to suppress the sending of indecent communications.” Pamph.
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On writ of error to Hunterdon Quarter Sessions. The plaintiff in error was convicted upon an indictment for willfully and wantonly sending and conveying to one Henrietta Conover, a female, an insulting, indecent, disgusting, offensive and annoying letter and communication, against her will and consent. The indictment was found under a statute approved March 29th, 1878, entitled “An act to suppress the sending of indecent communications.” Pamph. L. 1878, p. 211. The statute is in these words: “ That any person who shall willfully and wantonly send or convey to any female, against her will and…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The communication for sending which the accused was indicted is set out in the indictment. It is insulting, indecent, disgusting, offensive and annoying, and was sent without lawful purpose in sending the same.
Error is assigned upon the form of the indictment. This objection was made in the court below by motion in arrest of judgment.
The language of the statute is “send or convey.” The indictment charges that the defendant did “send mid convey.” The indictment in this respect was technically defective. The words “send” and “convey” import a…
2Cited by4 opinions
- State v. Western Union Telegraph Co.New Jersey Superior Court Appellate Division · 1951
- United States v. GrossmanDistrict Court, D. New Jersey · 1957
- State v. MorrisseyNew Jersey Superior Court Appellate Division · 1951
- State v. AstoreNew Jersey Superior Court Appellate Division · 1952