State v. Farwell
| Decision Date | 27 February 1959 |
| Citation | 102 N.H. 3,148 A.2d 653 |
| Parties | STATE v. Bentley FARWELL. |
| Court | New Hampshire Supreme Court |
Louis C. Wyman, Atty. Gen., John J. Zimmerman, Asst. Atty. Gen., and Conrad Danais, County Solicitor, Manchester, for the State.
Leonard G. Velishka, Nashua, for defendant.
It is too well settled here to require extended citation that the test to determine the sufficiency of a complaint or indictment is to inquire whether 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.
It is not essential to the validity of a complaint or indictment that it could possibly be made more comprehensive and certain; it is only necessary that it allege 'every element of the offense charged in language sufficiently definite to apprise the respondent[s] of what [he] must be prepared to meet for trial.' State v. Story, 97 N.H. 141, 146, 83 A.2d 142, 147. In the present case the complaint used the words of the statute and also alleged specific overt acts, namely that the defendant threw 'two stones on the windshield' of the automobile of the complainant's husband, 'whereby' his property was damaged 'in an amount exceeding Fifteen Dollars.' This has been held sufficient. See State v. Davis, 99 N.H. 88, 89, 105 A.2d 47.
Such cases as State v. Gilbert, 89 N.H. 134, 194 A. 728, relied upon by the defendant, where the accused was not informed of facts reasonably necessary to enable him to prepare for trial, are clearly distinguishable from the situation before us and do not support the defendant's position. It follows the order is
Exception overruled.
All concurred.
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... ... State v. Urban, supra; RSA 575:13. See State v. Swift, 101 N.H. 340, 143 A.2d 114 ... The defendant's exception pertaining to the validity of the complaint is overruled. State v. Farwell, 102 N.H. 3, 4, 148 ... A.2d 653. The complaint clearly and sufficiently informs the defendant of the date, place and manner in which he subjected cattle in his custody, control and care to unnecessary torture, suffering and cruelty. The contention that the complaint is vague and insufficient ... ...
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State v. Chance
...Indeed, the defendant himself admits that he did these things. The verdict of guilty on this complaint is unimpeachable. State v. Farwell, 102 N.H. 3, 148 A.2d 653. The Court sentenced the defendant to not more than seven or less than three years upon each of the convictions for assault wit......
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State v. Yell
...acted is described with sufficient definiteness and fully states all the essential elements of the offense charged. State v. Farwell, 102 N.H. 3, 148 A.2d 653, and cases Exceptions overruled. All concurred. ...