State v. Little
Superior Court of New Hampshire
THIS was an indictment for an assault and battery, committed on one James Dodge. The defendant pleaded in bar a former conviction before a justice of the peace, for the same offence. The counsel for the state replied, that said conviction was obtained by the covin and fraud of the defendant.
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THIS was an indictment for an assault and battery, committed on one James Dodge. The defendant pleaded in bar a former conviction before a justice of the peace, for the same offence. The counsel for the state replied, that said conviction was obtained by the covin and fraud of the defendant. Tile rejoinder took issue on that fact, and the cause was tried here at October term, A. D., 1817. The evidence seemed very clear, that the complaint in the former prosecution was lodged with the justice by a third person, whom Little employed for that purpose ; that the warrant was served, and the…
1Opinion of the CourtWoodbury, J.
In this case the direction of the court was predicated on an impression that the issue, as to the fraudulent procurement of the conviction before the justice, was a material issue ; and that the conviction, if found to have *258been obtained by the covin of the defendant, would be no ¡-jgj. £0 present prosecution(1) Though the correctness 0f this impression has been doubted in the argument, yet, as there was no demurrer to the replication, and no motion in arrest of judgment, or for a repleader, we do not think it necessary to discuss the question. But it deserves remark, that, however true may…
2Cases cited2 opinions
- Borden v. FitchNew York Supreme Court · 1818
- People v. BradtNew York Supreme Court · 1810
3Cited by4 opinions
- Baldwin v. StateCourt of Criminal Appeals of Alabama · 1971
- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855
- State v. GreenwoodSupreme Court of New Hampshire · 1973
- State v. BentleySupreme Court of Alabama · 2013