Legal Opinion

State v. Kennison

Supreme Court of New Hampshire

Decided March 13, 1875PublishedCited by 1 opinion

This is an appeal from the decision of the police justice of the city of Concord. The complaint was made to H. P. Eolfe, a justice of the peace throughout the state, who resides at Concord, by John 0. Cash-man, of Pittsfield, and charges that on the 13th day of July, 1874, the defendant, at said Pittsfield, with force and arms, “ was then and there guilty of certain rude and indecent conduct, by openly, rudely, and indecently saying to the said John C. Casliman, in the…

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This is an appeal from the decision of the police justice of the city of Concord. The complaint was made to H. P. Eolfe, a justice of the peace throughout the state, who resides at Concord, by John 0. Cash-man, of Pittsfield, and charges that on the 13th day of July, 1874, the defendant, at said Pittsfield, with force and arms, “ was then and there guilty of certain rude and indecent conduct, by openly, rudely, and indecently saying to the said John C. Casliman, in the presence of divers persons, as follows: [setting out rude, obscene, and indecent language] — contrary to the form of the…

1Opinion of the Court

Complaint — Jurisdiction of Police Courts. It seems to me very clear that this complaint must be dismissed, for the reason that it contains no sufficient description of the offence sought to be charged under the statute. The statute is, —

"No person shall make any brawl or tumult, or, in any street, lane, alley, or other public place, be guilty of any rude, indecent, or disorderly conduct," c. Gen. Stats., ch. 252, sec. 1. The material averment, that the alleged offence was committed in a street, lane, alley or other public place in Pittsfield, is entirely wanting. The words might have been…

2Cases cited2 opinions

  1. State v. BeanSupreme Court of New Hampshire · 1858
  2. State v. RickerSupreme Court of New Hampshire · 1855

3Cited by1 opinion

  1. Wolf Klein & Sons, Inc. v. BronsteinSupreme Court of New Hampshire · 1940

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