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Hamblett v. State

Hamblett v. The State, in Error

Hamblett v. State, 18 N.H. 384 (1846)
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Court
Superior Court of New Hampshire · State Trial Courts
Decided
December 15, 1846
Judges
Parker
Citations
18 N.H. 384
Headnotes
An indictment for stealing “ sundry bank bills, amounting together” to a certain sum named, and of that value, is fatally defective, and a conviction and judgment upon it cannot be sustained.
Summary
Error. The plaintiff in error was indicted for stealing sundry bank bills, amounting together to the sum of $97, and of the value of $97, of the property, goods and chattels of Moses V. Peavey and Sylvester Peavey. Having been tried, convicted and sentenced to imprisonment in the State Prison, he brought this writ, assigning for error that in the indictment it was merely alleged that he stole and carried away sundry bank bills, amounting to the sum of $97, and of that value, and that the denomination, species, or value of each, or any, or either of said bills alleged to have been stolen, is not alleged or described in the indictment.

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Opinion of the Court — Parker

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Parker, C. J.

There is very little discrepancy between the authorities in this case. It is not necessary, in an indictment for larceny of bills or notes, to set out the instruments stolen by a particular description of them. But the number should be stated, and nearly all the cases show that the value of each should be averred. Johns. Case, 2 Russ. on Crimes 110, is not, perhaps, an exception, if it may be inferred that the nine bank notes which it was alleged in the indictment were stolen by the defendant, amounting in the whole to the sum of ¿£9, and of the value of ¿£9, were for ¿£1 each, and of that value.

Hpon all the authorities, the indictment in this case is fatally defective. “ Sundry bank notes” is quite too loose. The principle has been settled here, in the cases referred to, which it is perhaps to be regretted were not reported.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. State v. Baker, Alias Bland, Alias Drew138 A. 736 (Vt. 1927)

Most recent

  1. State v. Baker, Alias Bland, Alias Drew138 A. 736 (Vt. 1927)

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