64 N.H. 313
8 A 826
Supreme Court of New Hampshire
Decided December 5, 1886
Supreme Court of New Hampshire · decided 1886-12-05
Indictment, under Gen. Laws, c. 262, s. 18, charging the defendant with wilfully neglecting the duty of his office as clerk of school-district number one in Errol, in not recording the warrant for the annual meeting of the district, March 29, 1883, in not attending that meeting and keeping a true and attested record of its doings, &c. The defendant demurred.
Cited by 3 later decisions — most recently March 1931
2 federal appellate · 1 state decisions
Relies on State v. Marshall
Good law ✅— No negative treatment on recordhow we know
Decided 1886-12-05
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¶1 The indictment does not allege that a warrant was issued by the prudential committee for the annual meeting, or given to the clerk to be recorded (G. L., c. 87, s. 5), nor does it in any way allege that the meeting was legally called or duly held. State v. Marshall, 45 N. H. 281. The clerk had no official duty to perform in connection with the meeting, unless is was a lawful one. Bish. St. Cr„ ss. 832, 838.
¶2 Demurrer sustained.