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State v. Sherburne
August 1, 1877 - Opinion
State v. Sherburne.
An indictment upon ss. 5, 6, 7, or 8, c. 259, Gen. St., is bad, if it docs not show which one of those sections the defendant is accused of violating.
Indictment, for obstructing a sheriff in the service of a capias. The court reserved the question of the sufficiency of the indictment.
Greene, solicitor, for the state.
Mugridge, for the defendant.
Foster, J.
The indictment is not sufficient, upon s. 5, 6, or 7, c. 259, Gen. St., because it does not allege that the officer was engaged in the service of process in a civil case, or in any criminal case described in either of those sections. It is not sufficient, upon s. 8, because it does not allege that the officer was in the discharge of any duty of his office “ in any case not included in the preceding sections.”
Case discharged.
Stanley, J., did not sit.
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| August 1, 1877 | State v. Sherburne Current page | Opinion | Supreme Court | Reporter |