State v. Rollins
Superior Court of New Hampshire
INDICTMENT for assault and false imprisonment, and kidnapping. , The first count alleged, that the defendant, on the 24th ” of October, 1836, with force, &c., made an assault upon one Benjamin Swett, &c., and unlawfully and injuriously, and without the consent, and against the will of said Swett, imprisoned him, and detained him in prison a long time, &c.
Read the full summary
INDICTMENT for assault and false imprisonment, and kidnapping. , The first count alleged, that the defendant, on the 24th ” of October, 1836, with force, &c., made an assault upon one Benjamin Swett, &c., and unlawfully and injuriously, and without the consent, and against the will of said Swett, imprisoned him, and detained him in prison a long time, &c. The fourth count alleged, that the defendant, on said 24th of October, with force, &c., did kidnap, entice, and sell one Benjamin Swett, a mulatto boy under the age of ten years, and one of the citizens of the state of New-Hampshire, to one…
1Opinion of the CourtParker, J.
It is objected that the provisions of the common law for the punishment of the crime of kidnapping have never been in force in this state ; and this objection is based upon the position, that the constitution has adopted and given force and efficacy only to such particular provisions of the common law as can be shown to have been used and approved in the province, colony, or state, and usually practised on in the courts *560of law, prior to the present organization of the state government.
We are of opinion that this position cannot he maintained.
The charter of “ The Council established at…
2Cited by17 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- State v. DubinaSupreme Court of Connecticut · 1972
- State v. GoughSupreme Court of North Carolina · 1962
- Pierce v. StateSuperior Court of New Hampshire · 1843
- Hutchens v. StateCourt of Criminal Appeals of Alabama · 1970
12 more not listed; retrieve them via the Exa API.