State v. Nute
Supreme Court of New Hampshire
Indictment, charging that the defendant, on the 12th day of May, 1868, being then treasurer of the county of Carroll, did embezzle and fraudulently convert to his own use $850 of the money of said county, &c.; also, in another count, that, on the first day of April, 1884, the defendant did fraudulently have in his possession, and did fraudulently conceal, $850, which, on the 12th day of May, 1868, he had, by virtue of his office as treasurer of said county, taken into his…
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Indictment, charging that the defendant, on the 12th day of May, 1868, being then treasurer of the county of Carroll, did embezzle and fraudulently convert to his own use $850 of the money of said county, &c.; also, in another count, that, on the first day of April, 1884, the defendant did fraudulently have in his possession, and did fraudulently conceal, $850, which, on the 12th day of May, 1868, he had, by virtue of his office as treasurer of said county, taken into his possession, embezzled, and converted to his own use, &c. It was admitted that all the time since May 12, 1868, the…
1Opinion of the CourtAllen, J.
The first count in the indictment' charges embezzlement on the 12th day of May, 1868. This is among the crimes for which the statute requires indictments to be found within six years after the commission of the offence. Gr. L., e. 260, s. 8. The only exception in the statute is that of the defendant’s want of usual and public residence within the state during the time the statute would otherwise run, and the state concedes that the case is not within this exception. Upon the face of the indictment, the prosecution upon the first count is barred by the statute of limitations. State v.…
2Cases cited3 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
- Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
- State v. SomervilleSupreme Judicial Court of Maine · 1842
3Cited by3 opinions
- State v. WilliamsSupreme Court of New Hampshire · 1943
- Hamlin v. OliverSupreme Court of New Hampshire · 1915
- State v. ParadySupreme Court of New Hampshire · 1949