State v. Gorham
Supreme Court of New Hampshire
INDICTMENT, against John Gorham and William Mooney, charging the respondents with robbery from the person of one Stephen Lohiel. Plea, not guilty.
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INDICTMENT, against John Gorham and William Mooney, charging the respondents with robbery from the person of one Stephen Lohiel. Plea, not guilty. The following is a copy of the material portion of the indictment: “ The grand jurors for the state of New Hampshire, upon their oath, present, that John Gorham and William Mooney, both of Hart’s Location, in the county of Carroll aforesaid, on the second day of June, in the year of our Lord one thousand eight hundred and seventy-four, at Hart’s Location, in the county of Carroll aforesaid, with force and arms in and upon one Stephen Lohiel, of…
1Opinion of the Court
By sec. 16, ch. 264, Gen. Stats., it is provided, — If any person, by assault or by violence and putting in fear, shall feloniously steal, rob, and take from the person of another any money, goods, chattels, or other property which is the subject of larceny, he shall be imprisoned from seven to thirty years.
The indictment is founded upon this statute, and charges an assault, a putting in fear, and a felonious larceny from the person by violence and putting in fear.
The evidence on the part of the state does not sustain the allegation of a "putting in fear," but it tends to support all the…
2Cases cited9 opinions
- Commonwealth v. HumphriesMassachusetts Supreme Judicial Court · 1810
- Barnes v. StateSupreme Court of Connecticut · 1850
- State v. SomervilleSupreme Judicial Court of Maine · 1842
- State v. NelsonSuperior Court of New Hampshire · 1835
- State v. MooreSuperior Court of New Hampshire · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. BroughSupreme Court of New Hampshire · 1972
- State v. ThorpSupreme Court of New Hampshire · 1934
- Boulanger v. United StatesCourt of Appeals for the First Circuit · 2020
- United States v. ReynoldsUnited States Court of Military Appeals · 1985