State v. Baron

• Decision Date: 30 July 1886
• Citation: State v. Baron, 64 N. H. 612, 5 A. 718 (N.H. 1886)
• Parties: STATE v. BARON.
• Court: New Hampshire Supreme Court

5 A. 718

64 N.H. 612

STATE

v. BARON.¹

Supreme Court of New Hampshire.

July 30, 1886.

Reserved case from Cheshire county.

Indictment, to which the respondent demurred.It is unnecessary to state the facts.

The Attorney General and Solicitor, for the State.

D. H. Woodward, for respondent.

BINGHAM, J.The demurrer raises difficult questions on the indictment, in its present form.The solicitor, in his brief, moves to amend, making it conform to the facts, and avoid a supposed constitutional objection.Whether the amendment is necessary, or, if it is, whether it could be allowed, is not decided, but a nolle prosequi may be entered at the trial term, and when an indictment is found in due form on the facts of the case the questions that arise will be considered.It is not advisable to pass upon fictitious and unnecessary cases.State v. Stevens,36 N. H. 59, 60;Sceva v. True,53 N. H. 627.

Case discharged.

ALLEN, J., did not sit.The others concurred.

1Reported by R. E. Walker, Esq., of the Concord bar.