State v. Liptzer
| Decision Date | 05 December 1939 |
| Citation | 10 A.2d 232 |
| Parties | STATE v. LIPTZER. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Strafford County; Johnston, Judge.
Proceeding by the State against Morris Liptzer on a complaint for operating a pretended lottery under color and pretense of an advertisement for sale of certain goods and merchandise. Trial by jury, and verdict of guilty. The case was transferred to the Supreme Court on defendant's exceptions to trial court's refusal to quash complaint before trial, trial court's refusal to interrogate jurors, and to various rulings during trial.
Complaint quashed.
Complaint, charging that the defendant, on March 24, 1938, at Rochester, "did make and put up a pretended lottery under color and pretense of an advertisement for the sale of certain goods and merchandise and did then and there offer for sale certain goods and merchandise upon terms that each purchaser should receive said article at a price much lower than the original price stated, dependent upon luck and chance for its amount and, which, so-called chance of reduced price was then and there made an inducement to purchase and pay for such goods contrary to the form of the statute * * *."
Trial by jury, and verdict of guilty.
The defendant seasonably excepted to the refusal of the court to quash the complaint before trial; to the refusal of the court to interrogate the jurors; to various rulings during the trial. Transferred upon the defendant's bill of exceptions by Johnston, J.
Thomas P. Cheney, Atty. Gen., Frank R. Kenison, Asst. Atty. Gen., and John F. Beamis, Jr., County Sol., of Somersworth, for the State.
Sewall & Hartnett (Hartnett orally), for defendant.
Prior to the impanelling of the jury, the defendant moved to dismiss the complaint, both generally and specially on the ground that it failed to advise the defendant with sufficient clarity and definiteness of the charge against him. The motion was denied, subject to exception.
The defendant then moved to dismiss on the ground that the complaint did not state a crime within the meaning of the statute. This motion also was denied, subject to exception.
Next the defendant moved that the State be required to specify more fully and particularly with reference to the offense claimed to be set forth in the complaint. He excepted to the denial of this motion.
Article 15 of the Bill of Rights provides that "No subject shall be held to answer for any crime, or offense, until...
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... ... Langelier, supra; State v. Ellard, 95 N.H. 217, 220, 60 A.2d 461 ... The respondents argue that the indictments against them do not meet these requisites and are therefor defective and should have been quashed. State v. Gilbert, 89 N.H. 134, 194 A. 728; State v. Liptzer, 90 N.H. 395, 10 A.2d 232. Their position is substantially that the indictments consist of statements of legal conclusions instead of being definite factual descriptions of the nature and cause of the accusations made against them. State v. Piper, 73 N.H. 226, 229, 60 A. 742. Their chief ... ...
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...the defendant which would constitute a violation of the statute and does not meet the requirements of our Constitution. State v. Liptzer, 90 N.H. 395, 396, 10 A.2d 232; State v. Gilbert, 89 N.H. 134, 136, 194 A. 728; cf. State v. Martin, (policy), 68 N.H. 463, 464, 44 A. 605; State v. Eames......
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