State v. Davis
| Decision Date | 19 May 1954 |
| Citation | 99 N.H. 88,105 A.2d 47 |
| Parties | STATE v. DAVIS. |
| Court | New Hampshire Supreme Court |
Louis C. Wyman, Atty. Gen., Warren E. Waters, Dep. Atty. Gen., Elmer T. Bourque, Law Asst., Concord, Charles E. Tesreau, County Sol., Lebanon, for state.
John M. Stark, Concord, for respondent.
The first sentence and the pertinent part of R.L. c. 119, § 29, Laws 1949, c. 286, § 1, provides: This statute is copied from section 56 of Act V, Uniform Act Regulating Traffic on Highways, approved by the National Conference on Street and Highway Safety in 1944 and approved without change by the National Committee on Uniform Traffic Laws and Ordinances in 1952.
'In the light of modern conditions, any complaint or indictment should be considered adequate, if it informs the defendant 'of the nature and cause of the accusation with sufficient definiteness' so that he can prepare for trial.' State v. Rousten, 84 N.H. 140, 143, 146 A. 870, 872. While some jurisdictions do not require a criminal complaint to be as complete and correct as an indictment (Orfield, Criminal Procedure from Arrest to Appeal (1947), 76), under our law a criminal complaint must meet the same requirements as an indictment. R.L. c. 427, § 8. Second Report, N.H. Judicial Council 58 (1948). An indictment or complaint for reckless driving which uses the statutory language but omits any allegations of definite overt acts is considered invalid. State v. Gilbert, 89 N.H. 134, 136, 194 A. 728. However if the complaint or indictment uses the statutory language together with allegations of definite overt acts it is sufficient and valid. State v. Langelier, 95 N.H. 97, 58 A.2d 315. In the present case the complaint contains the statutory language for speeding but also contains a description of specific acts indicative of a speed greater than was reasonable and prudent. The complaint states that the respondent left the highway on a curve, skidded off the highway and caused the motor vehicle to roll over. Consequently the complaint in this case was sufficient to apprise the respondent of the offense for which he is charged as well as the manner in which the statute was violated.
The respondent relies on State v. Liptzer, 90 N.H. 395...
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State v. Thurston
...34 N.J. 179, 168 A.2d 27 (1961); 3 Wharton, Criminal Law and Procedure ss. 1000, 1001 (R. A. Anderson ed. 1957); see State v. Davis, 99 N.H. 88, 89, 105 A.2d 47, 48 (1954); Annot., 12 A.L.R.2d 580 (1950). Definiteness and certainty is given to RSA 262-A:61 by the use of the terms 'recklessl......
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State v. Fields
...defendant 'of the nature and cause of the accusation with sufficient definiteness' so that he can prepare for trial." State v. Davis, 99 N.H. 88, 89, 105 A.2d 47, 48 (1954), Quoting State v. Rousten, 84 N.H. 140, 143, 146 A. 870, 872 (1929). Thus, by statute, complaints must be "signed and ......
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State v. Sullivan
...apprises the defendant of the offense for which he is charged as well as the manner in which the statute was violated. State v. Davis, 99 N.H. 88, 89, 105 A.2d 47. The defendant knows what issues he has to meet before the jury. State v. Langelier, 95 N.H. 97, 99, 58 A.2d 315. The informatio......
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State v. Jahn
...be a factor in determining grossly negligent operation of a motor vehicle, it is not a necessary, essential element thereof. State v. Davis, 99 N.H. 88, 105 A.2d 47. See People v. Grogan, 260 N.Y. 138, 183 N.E. 273, 86 A.L.R. 1266. This is particularly so in this jurisdiction where the spee......