Opinion · Supreme Court of New Hampshire

State v. Rundlett

33 N.H. 70

Type
Opinion
Court
Supreme Court of New Hampshire
Jurisdiction
New Hampshire
Date
1856-07-15
Topic
general

Perley, 0. J. In Coburn v. Odell, decided July, 1855, in this county, and reported since the argument in the present case, 10 Foster 540, it was decided that the provision of section 9, chapter 211, of the Revised Statutes, limiting suits and prosecutions on penal statutes, did not apply to an indictment for the illegal sale of spirituous liquors ; and we find no reason to question the correctness of that decision. And this in effect disposes of the other objection.

Citator

UpLaw has not yet analyzed State v. Rundlett. The absence of a flag is not a finding that it is good law.

Perley, 0. J.

In Coburn v. Odell, decided July, 1855, in this county, and reported since the argument in the present case, 10 Foster 540, it was decided that the provision of section 9, chapter 211, of the Revised Statutes, limiting suits and prosecutions on penal statutes, did not apply to an indictment for the illegal sale of spirituous liquors ; and we find no reason to question the correctness of that decision. And this in effect disposes of the other objection. The court would have power to relieve the defendant, if he was surprised by an offer to prove a sale on a day long distant from that alleged in the indictment; but ordinarily the particular day alleged would, in the case of this as of most other crimes, be immaterial.

Judgment on the verdict.