State v. Michaud

Special Concurring Opinion

Webber, J.

I agree with the results arrived at by the court, but with respect to the indictment charging misprision of felony, I cannot subscribe to the reasons advanced in the opinion for holding the indictment insufficient.

The opinion states that the State should have set forth what the knowledge of the respondent was and how it was obtained. In my view, such a requirement would compel the State to plead mere details of proof. .The allegations of the indictment contain the following phrases with reference to knowledge: (1) “Having knowledge of the actual commission…