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69 N.H. 246

41 A 862

State v. Cox

Supreme Court of New Hampshire

Decided December 5, 1897

Supreme Court of New Hampshire · decided 1897-12-05

Indictment, for a second offence of illegally keeping malt liquor for sale. Verdict for the state. The alleged former conviction was before a police court; and the only record of it was the original complaint with minutes indorsed upon it by the clerk of court, showing that the defendant pleaded guilty and was fined. The complaint and minutes were received in evidence, subject to the defendant’s exception.

Relies on Willard v. Harvey · Good v. French · Commonwealth v. Hatfield

Good law ✅— No negative treatment on recordhow we know

Decided 1897-12-05

How this case has been cited

Cited by 8 later decisions — most recently June 1962

8 state decisions

3018971900191019201930194019501960decided

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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Pike, J.

¶1 The original complaint and the minutes indorsed upon it contained explicit evidence of all facts required for extending the j udgment. They were the only evidence of the j udgment in existence at the time of trial. The court had authority to allow a formal record to be made from them before receiving the evidence. Willard v. Harvey, 24 N. H. 344; Ballou v. Smith, *247 29 N. H. 530. The extended record would prove the same facts with the same force that the complaint and minutes proved. The defendant would receive no benefit by the change in the form of proof.

¶2 It is held in Massachusetts under similar circumstances that the complaint and clerk’s minutes are competent evidence of the judgment. Pruden v. Alden, 23 Pick. 184, 187; Commonwealth v. Hatfield, 107 Mass. 227, 231; Good v. French, 115 Mass. 201, 204. Similar evidence was received, apparently without objection, in Caouette v. Young, 67 N. H. 159.

¶3 Exception overruled.

Blodgett, J., did not sit: the others concurred.
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