State v. Berritt

Decided July 15, 1845

Superior Court of New Hampshire · decided 1845-07-15

Indictment, in which it was alleged that Luther Berritt, Sylvester Cross, True Spiller, Simeon Gordon and Chase Clifford, all of Bridgewater, in the county of Grafton, in this State, together with divers other evil disposed persons, to the number of ten, whose names are to the jurors unknown, on the fifth day of February, in the year of our Lord one thousand eight hundred and forty-five, at New-Hampton, in the county of Belknap, with force and,,arms, did unlawfully,…

Cited by 1 later decisions — most recently June 1870

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-07-15

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Woods, J.

¶1It was decided in The State v. Taylor, in the county of Coos, that the court had not original jurisdiction- in cases of assault and battery, and a motion to quash an indictment for that cause was made and prevailed. The Revised Statutes, chapter 218, sections 1 and *2702, give the cognizance of such offences, in the first instance, to justices of the peace. The indictment for assault and battery must therefore be quashed.

¶2The other indictment is for a riot, and that offence is formally and substantially alleged, and the assault and battery which occurred are circumstances descriptive of the riot and in aggravation. The statute referred to does not reach such a case. The indictment is well, and the motion to quash cannot therefore prevail.

¶3Motion to quash denied.