State v. Keyes

Decided November 15, 1806

Superior Court of New Hampshire · decided 1806-11-15

INdictment for assault and battery on .Samuel Hall. Defendant was convicted. His counsel, Mr. Bell, moved, in arrest of judgment, that there was no evidence that the indictment was found by the grand jury. The bill was signed by the solicitor, D. Everett, and by the foreman of the grand jury. But the words, “ this is a true bill,” were omitted.

Relies on People v. Lawrence · State v. Burgess · State v. Freeman

Decided 1806-11-15

¶1Per Curiam.

¶2Motion denied.1

¶3 S. P. State v. Freeman, 1843, 13 N. H. 488; s. c. 2 Lead. Crim. Cas. 2d ed. 250; Commonwealth v. Smyth, 1853, 11 Cush. 473.

¶4Contra, Webster’s Case, 1828, 5 Greenl. 432.

¶5Nomaque v. People, 1825, Breese, 109, is sometimes cited as similar to *136the decision in Webster’s Case; but it would seem that there was a statute in Illinois, requiring the indorsement “a true bill.” See 2d edition of Breese’s Rep., by Beecher, 145, n. 1.

¶6Other cases bearing on this topic are cited in a note to State v. Freeman, in 2 Lead. Crim. Cas. 2d ed. 252, 253. See also 1 Bish. Cr. Pro., ed. 1866, §§ 136-141; State v. Burgess, 1857, 24 Mo. 381; People v. Lawrence, 1863, 21 Cal. 368; Townsend v. State, 1828, 2 Blackf. (Ind ) 151, 153.