State v. Rollins
Supreme Court of New Hampshire
Appeal from a justice of the peace. The complaint charged that the defendants, on, etc., at, etc., “ in a certain public place, to wit, in a certain school-house in which a singing-school was then and there being held, did make a great brawl and tumult, and stamped their feet on the floor, hissed, used loud and saucy language, and were guilty of rude, indecent, and disorderly conduct.
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Appeal from a justice of the peace. The complaint charged that the defendants, on, etc., at, etc., “ in a certain public place, to wit, in a certain school-house in which a singing-school was then and there being held, did make a great brawl and tumult, and stamped their feet on the floor, hissed, used loud and saucy language, and were guilty of rude, indecent, and disorderly conduct. The defendants moved to quash the complaint, which motion was overruled, pro forma, and the defendants excepted.
1Opinion of the Court
This complaint is doubtless very inartificially and loosely drawn, but I am inclined to think it must nevertheless be sustained, as to the charge of making a brawl and tumult. It is settled that a complaint charging the making of a brawl and tumult, in the words of the statute, without any further specification of the facts relied on as constituting the offence, is sufficient. State v. Perkins, 42 N.H. 464. This complaint distinctly alleges that the defendants did make a great brawl and tumult, which is well enough, unless it is vitiated by what follows. The next sentence contains what…
2Cases cited4 opinions
- State v. PalmerSupreme Judicial Court of Maine · 1852
- State v. MarvinSupreme Court of New Hampshire · 1857
- State v. PeirceSupreme Court of New Hampshire · 1861
- State v. PerkinsSupreme Court of New Hampshire · 1861