State v. Narcarm

Supreme Court of New Hampshire
State v. Narcarm, 45 A. 744 (N.H. 1897)
69 N.H. 237
Carpenter

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.

Reference

Full Case Name
State v. Narcarm.
Cited By
2 cases
Status
Published