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18 N.H. 384

Hamblett v. State

Superior Court of New Hampshire

Decided December 15, 1846

Superior Court of New Hampshire · decided 1846-12-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1846-12-15

How this case has been cited

Cited by 4 later decisions — most recently April 1950

4 state decisions

10184618501860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Parker, C. J.

¶1There 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.

¶2Hpon 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.

¶3Judgment reversed.

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