Supreme Court of New Hampshire, 1897

State v. Narcarm

State v. Narcarm
Supreme Court of New Hampshire · Decided December 5, 1897 · Carpenter
45 A. 744; 69 N.H. 237

State v. Narcarm

Opinion of the Court

Carpenter, C. J.

The original complaint and warrant and the minutes indorsed upon the warrant were competent evidence of the former conviction. State v. Cox, post, p. 246.

The defendant could take advantage of the misnomer in the indictment only by a plea in abatement; and to such a plea a replication that he is known as well by one name as the other would be good. 1 Ch. Cr. L. 445,451; 1 Arch. Cr. L. & PI. 261, 262, n, 267; Whar. Am. Cr. L., ss. 536, 537; Rex v. Berriman, 5 C. & P. 601; Commonwealth v. Dedham, 16 Mass. 141, 147; Turns v. Commonwealth, 6 Met. 224; Commonwealth v. Fredericks, 119 Mass. 199; State v. Thompson, 20 N. H. 250.

Judgment, guilty.

All concurred.

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