58 N.H. 41
Supreme Court of New Hampshire
Decided December 5, 1876
Supreme Court of New Hampshire · decided 1876-12-05
Indictment, for embezzlement alleged to have been committed on a certain day, “ and on divers other days between that day, and. a certain other subsequent day.” The respondent moved to quash.
Cited by 3 later decisions — most recently December 1910
2 state decisions
Relies on People v. Adams · Cook v. State
Cited in Anderson (1889)’s definition of “Counter”
Good law ✅— No negative treatment on recordhow we know
Decided 1876-12-05
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¶1 A day certain being named, and the continuando being rejected as surplusage, the indictment is good. People v. Adams, 17 Wend. 475; Cook v. State, 11 Ga. 53; King v. Kixon, 10 Mod. 335; State v. La Coste, 2 Mason 129; Hawkins P. C., B. 2, c. 25, ss. 32, 74.
¶2 Motion denied.