State v. Small
Supreme Court of New Hampshire
Indictment, under Gen. Laws, c. 109, s. 13, for keeping spirituous liquor for sale, with an averment that the defendant “has previously been convicted of a violation of section 13 of chapter 109 of the General Laws in relation to the keeping for sale of spirituous liquor.” The question was reserved whether the indictment sufficiently describes a “ subsequent offence.”
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Indictment, under Gen. Laws, c. 109, s. 13, for keeping spirituous liquor for sale, with an averment that the defendant “has previously been convicted of a violation of section 13 of chapter 109 of the General Laws in relation to the keeping for sale of spirituous liquor.” The question was reserved whether the indictment sufficiently describes a “ subsequent offence.” Other questions raised in this case were decided in State v. Fagan and State v. Adams, ante, 431, 440. Gen. Laws, c. 109, s. 23, is in conflict with Art. 15 of the Bill of Rights. Com. v. Harrington, 130 Mass. 35.
1Opinion of the CourtDoe, C. J.
The provision of Gen. Laws, c. 109, s. 23, that the record of a former conviction need not be “ set forth particularly ” in an indictment for a second offence, and that “ it shall be sufficient to allege briefly that such person has been convicted of a violation of any provision of this chapter, as the case may be,” implies that there must be a statement of the record if it is relied on with a view of charging the defendant with the higher penalty. Tuttle v. Com., 2 Gray 505, 507. The judgment need not be set forth literally; but he is entitled to a description that will enable him to find…
2Cited by3 opinions
- Morman v. StateCourt of Criminal Appeals of Texas · 1934
- State v. BloomdaleNorth Dakota Supreme Court · 1910
- State v. RoyalWest Virginia Supreme Court · 1923