State v. Perkins
Supreme Court of New Hampshire
Appeal from the police court of Manchester. The complaint charged that the respondent, “ on the twentieth day of February, in the year of our Lord one thousand eight hundred and sixty, at the city of Manchester aforesaid, in the county of Hillsborough aforesaid, did unlawfully make a great noise, brawl and tumult, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.”
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Appeal from the police court of Manchester. The complaint charged that the respondent, “ on the twentieth day of February, in the year of our Lord one thousand eight hundred and sixty, at the city of Manchester aforesaid, in the county of Hillsborough aforesaid, did unlawfully make a great noise, brawl and tumult, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.” The respondent moved to quash the complaint, which motion being overruled, the respondent excepted.
1Opinion of the CourtNesmith, J.
This is a complaint founded upon the violation of the first section of chapter 113 of the Revised Statutes, and alleges that the respondent, at Manchester, in this county, on the 20th day of February, 1860, did unlawfully make a great noise, brawl and tumult, contrary to the form of the statute, &c. The respondent moves to quash the complaint, (1) beeau.se brawls or tumults are separate offenses, and can not be united in the same count; (2) because the complaint does- not follow the words of the statute, but describes a different offense, being a compound matter not known to the statute.
The…
2Cited by2 opinions
- State v. RollinsSupreme Court of New Hampshire · 1874
- State v. RollinsSupreme Court of New Hampshire · 1874