Legal Opinion

State v. Peirce

Supreme Court of New Hampshire

Decided December 15, 1861PublishedCited by 2 opinions

This was ah appeal from a judgment of the police court of the city of Portsmouth. The complaint alleged in the first and second counts,that the defendant, on, &c., at, &c., “in a certain public street in said city of Portsmouth, called Congress street, w7as guilty of indecent and rude conduct, contrary to the form of the statute,” &c. In the third count it was charged that the defendant, on, &c., at, &c., “was guilty of rude conduct.”

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This was ah appeal from a judgment of the police court of the city of Portsmouth. The complaint alleged in the first and second counts,that the defendant, on, &c., at, &c., “in a certain public street in said city of Portsmouth, called Congress street, w7as guilty of indecent and rude conduct, contrary to the form of the statute,” &c. In the third count it was charged that the defendant, on, &c., at, &c., “was guilty of rude conduct.” The defendant moved to quash the complaint because no offense was sufficiently described therein.

1Opinion of the CourtBellows, J.

The complaint in this case appears to be founded upon section 1, chapter 113,'of the Revised Statutes, which provides, that “ No person shall make any brawls or tumults, or in any street, lane, or alley, or other public place be guilty of any rude, indecent, or disorderly conduct, or shall insult, or wantonly impede any person passing therein; or shall throw any stones, bricks, snow-balls, or dirt, or play at ball or any game at which ball is used.”

The complaint charges that the respondent, in a public street in Portsmouth, was guilty of indecent and rude conduct, contrary to the statute,…

2Cases cited3 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. State v. BrownSupreme Court of Vermont · 1855
  3. Commonwealth v. StoutCourt of Appeals of Kentucky · 1847

3Cited by2 opinions

  1. State v. RollinsSupreme Court of New Hampshire · 1874
  2. State v. RollinsSupreme Court of New Hampshire · 1874

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