Legal Opinion

State v. Blaisdell

Supreme Court of New Hampshire

Decided December 15, 1869PublishedCited by 3 opinions

Indictment, found at April term, 1869, alleging that Daniel H. Blaisdell, “ on the second day of December in the year of our Lord one thousand eight hundred and sixty-nine at Danville in the county of Rockingham aforesaid, with force and arms, about the hour of twelve in the night time of the same day. the dwelling-house of one Elisha Quimby, there situate feloniously and burglariously did break and enter; with intent the goods and chattels of him the said Quimby, in the…

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Indictment, found at April term, 1869, alleging that Daniel H. Blaisdell, “ on the second day of December in the year of our Lord one thousand eight hundred and sixty-nine at Danville in the county of Rockingham aforesaid, with force and arms, about the hour of twelve in the night time of the same day. the dwelling-house of one Elisha Quimby, there situate feloniously and burglariously did break and enter; with intent the goods and chattels of him the said Quimby, in the said dwelling-house then and there being, then and there feloniously and burglariously to steal, take and carry awayand…

1Opinion of the CourtSargent, J.

The exception taken to the ruling allowing the state’s counsel to challenge a juror without cause, must be overruled. The statute provides, Geni. Stats, eh. 233 sec. 9, that “ in the trial of all criminal cases by jury, the state in addition to challenges for cause shall be entitled to two peremptory challenges,” and in State v. Wilson, Rockingham county, June term, 1869, it was held that this provision of the statute was not objectionable as being unconstitutional.

It is unnecessary to cite authorities to the point, that this indictment would be bad at common law, and would have been so in…

2Cases cited1 opinion

  1. State v. LitchSupreme Court of Vermont · 1860

3Cited by3 opinions

  1. State v. SpadeSupreme Court of New Hampshire · 1978
  2. State v. SmithSupreme Court of Kansas · 1982
  3. State v. DonovanSupreme Court of New Hampshire · 1986

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