Legal Opinion

State v. Ingalls

Supreme Court of New Hampshire

Decided June 5, 1879PublishedCited by 1 opinion

Information, for being a common seller of spirituous liquor, filed during the April term, 1879, by the county solicitor, and alleging the offence to have been committed “on the 17th day of May in the year aforesaid, as well as on divers days and times before that day, and within one year prior to the filing of this information.” Motion to quash the information.

1Opinion of the CourtAllen, J.

The offence charged was one for which the penalty was not death, nor imprisonment for more than one year, and might be charged by information. G. L., c. 260, ss. 1, 10; State v. Dover, 9 N. H. 468. In the absence of the attorney-general, the solicitor was the proper officer to sign and present the information. Gr. L., c. 16, s. 5. The offence charged was continuing in its nature, and might be alleged with a continuando. 1 Bish. Cr. Pr. 392, 397; Bish. St. Cf. 722; Hinson v. The State, 7 Mo. 244. A day certain, within the time limited by law for the recovery of a, penalty, and prior to the…

2Cases cited3 opinions

  1. Commonwealth v. DoyleMassachusetts Supreme Judicial Court · 1872
  2. State v. DavidsonTexas Supreme Court · 1872
  3. Hinson v. StateSupreme Court of Missouri · 1841

3Cited by1 opinion

  1. State v. KennardSupreme Court of New Hampshire · 1906

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