State v. Marvin
Supreme Court of New Hampshire
Indictment eob, AdulteRY, containing two counts. The first count alleged" that the defendant committed the crime with Catherine Burt, wife of Harmon Burt, on the fifteenth of October, 1853. The second count alleged that he committed the same crime with Catherine Burt on the twenty-fifth of November, 1858. The defendant pleaded not guilty; and after the jury were sworn to try the cause, and the indictment had been read to them, the counsel for the defendant objected that the…
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Indictment eob, AdulteRY, containing two counts. The first count alleged" that the defendant committed the crime with Catherine Burt, wife of Harmon Burt, on the fifteenth of October, 1853. The second count alleged that he committed the same crime with Catherine Burt on the twenty-fifth of November, 1858. The defendant pleaded not guilty; and after the jury were sworn to try the cause, and the indictment had been read to them, the counsel for the defendant objected that the indictment charged two separate offences, and was bad for that cause ; or, if not, that the defendant could not be tried…
1Opinion of the CourtPeRLEY, C. J.
In cases of felony it is said that regularly no more than one distinct offence should be charged in one indictment ; and, if the objection is taken before plea, the court will .quash the indictment. If the objection is not made till after plea, the court may compel the prosecutor to elect on which charge he will proceed ; but this is only matter of precedence and disci’etion, which rests with the judge to exercise. 1 Chitty Cr. Law 253; 2 East Pl. C. 515; Rex v. Jones, 2 Camp. 132; Bemis, J., Indictment, 4.
But in point of law there is no objection to the insertion of charges for several…
2Cited by3 opinions
- State v. WillsonOregon Supreme Court · 1925
- Battles v. StateCourt of Criminal Appeals of Texas · 1910
- State v. RollinsSupreme Court of New Hampshire · 1874