State v. Butman
Supreme Court of New Hampshire
The indictment charged that the defendant, on the 20th of October, 1859, at Exeter, with a certain knife which he had in his right hand, did make an assault on one Ezra S. Durgin, with an intent to kill and murder him. Durgin testified that at the time of the assault, and for several years previous, he was and had been one of the police officers of the town of Exeter.
Read the full summary
The indictment charged that the defendant, on the 20th of October, 1859, at Exeter, with a certain knife which he had in his right hand, did make an assault on one Ezra S. Durgin, with an intent to kill and murder him. Durgin testified that at the time of the assault, and for several years previous, he was and had been one of the police officers of the town of Exeter. On that day a warrant, duly issued by a justice of the peace, upon a complaint for gross lewdness, was delivered to him for service; upon which he arrested said Butman, who submitted to the arrest, and some time afterward…
1Opinion of the CourtBell, C. J.
By chapter 214 of the Revised Statutes,, section 4, relating to offenses against the life or person, provision is made for the punishment of manslaughter, in some cases by imprisonment for life, in others by fine and imprisonment only; and by section 8 it is provided that if any person shall make an assault upon another, with intent to commit any crime described in this chapter, the punishment whereof may be death or confinement to hard labor for life, he shall be punished by confinement to hard labor, &c., in the state prison.
It is contended that, if the ruling of the court is correct, it…
2Cases cited7 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- State v. WatersSupreme Judicial Court of Maine · 1854
- Nancy v. StateSupreme Court of Alabama · 1844
- State v. BurnsSupreme Court of Alabama · 1845
- State v. NicholsSupreme Court of Connecticut · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hagans v. StateCourt of Appeals of Maryland · 1989
- Commonwealth v. EnnisMassachusetts Appeals Court · 1985
- Nichols v. VitekSupreme Court of New Hampshire · 1974
- Pearson v. WheelerSupreme Court of New Hampshire · 1874
- State v. GagnonSupreme Court of New Hampshire · 1971
2 more not listed; retrieve them via the Exa API.