State v. Russell
| Citation | 14 R.I. 506 |
| Parties | STATE v. GERTRUDE RUSSELL. |
| Decision Date | 22 May 1884 |
| Court | United States State Supreme Court of Rhode Island |
The words " common night walker" have a technical meaning in criminal law. Hence a complaint charging a woman with being a " common night walker" is sufficient without the allegation of particular acts.
If for her defence the accused requires more definite information she can obtain it by asking for a bill of particulars.
EXCEPTIONS to the Court of Common Pleas.
If a woman is charged with being " a common night-walker," no more specific description of the offense is necessary, at least in the absence of a motion for a bill of particulars.
Stephen A. Cooke, Jun., for plaintiff.
John M. Brennan, for defendant.
The exceptions raise only one question, namely: Is a complaint under Pub. Stat. R.I. cap. 244, § 22, against a woman for being a common night walker sufficient if it simply charges her with being a common night walker without alleging particular acts? It is well settled that for the offence of being a common scold or a common barrator such a charge is sufficient. The reason is, the offence does not consist of particular acts but of an habitual practice evidenced by a series of acts. It may be argued that if a vicious practice constitutes the offence, then the practice ought to be alleged descriptively in the complaint or indictment. The answer is, the words " common scold" and " " common barrator" are words having a technical meaning in the law, and that they import ex vi terminorum all that would be expressed if the practice were so alleged. In State v. Dowers, 45 N.H. 543 the same reasoning was held to be applicable where the offence is the offence of being a common night walker, and in that case it was decided that it was enough to charge the offender with being a common night walker. We think the decision was correct. The words " a common night walker" are words having a technical meaning in the law and it would therefore be superfluous to spread their definition on the record. If, for the purposes of defence, the accused needs more definite information than the record affords, she should ask for a bill of particulars, which, of course, in so far as the offence is capable of being particularized, ought to be and would be supplied. Wharton's Crim. Plead. & Prac. § 155; Commonwealth v. Davis, 11 Pick. 432; Commonwealth v. Pray, 13 Pick. 359; Commonwealth v. Wood, 4 Gray, 11.
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State v. Cherry
...the word "common" had acquired a technical and well-known meaning in law, when used to designate a "common" offender. In State v. Russell, 14 R.I. 506, the defendant was charged with being a "common night walker" (in violation of a statute), without alleging any particular facts. The suffic......
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State v. Reis, 78-78-C
...is significant. The adjective "common" and the phrase "common nuisance" are words of art used since the days of common law. In State v. Russell, 14 R.I. 506 (1884) this court stated that the offense of being a common night walker consisted not "of particular acts but of an habitual practice......
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Levine v. State
...so employed, has a technical meaning, well understood in the law. It imports frequency. Commonwealth v. McNamee, 112 Mass. 285; State v. Russell, 14 R. I. 506. It has been defined as frequent, usual, customary, and habitual. State v. O'Connor, 49 Me. 594; Commonwealth v. Foley, 99 Mass. 497......
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State v. Napier
...of 2 Hawk, P. C. c. 25, § 59; Rex v. Mason, 2 Term R. 586; Com. v. Pray, 13 Pick. 359; Com. v. Davis, 11 Pick. 434; State v. Russell, 14 R. I. 506. The author also cites our case of State v. Chitty, 1 Bailey, 379. In that case, a Justice of the peace was indicted as a common barrator, and t......