58 N.H. 1 | N.H. | 1876
Any person who, in this state, is accessory, before or after the fact, to a felony committed in any other state, is "punished in the same manner as if said felony had been committed in this state," and "in the same manner as the principal offender." Gen. St., c. 266, ss. 1, 3. The ancient English test of felony, being incompatible with our criminal law, cannot be presumed to have been adopted in this statute. 4 Bl. Com. 95, 97, 98; J. F. Stephen Cr. L. 56, 57, 105, 106, 107, 109, 110, 119; 1 Bishop Cr. L., ss. 580-585; Earl Russell's Essay on Eng. Govt. 153, 154; 24 Monthly Law Reporter 524; State v. Scott,
What would "feloniously" mean in this indictment? Would it inform the defendant that, in England, felony was formerly punished by forfeiture, and generally by death? An indictment is an accusation, and not historical instruction. Would it inform him that New Hampshire punishes his crime either by death or state prison? That would be a statement of law, deficient in certainty; and an indictment is a statement, not of law, but of fact. 1 Bishop Cr. Pro., ss. 52, 53, 274, 275. Would it charge him with knowledge of the burglary, or an intent to assist the burglar in escaping punishment? That knowledge and that intent are fully and plainly, substantially and formally, charged in other and appropriate words. Would it signify that his knowledge, his intent, or his act, was felonious? That would be a hint concerning the penalty; and the penalty, being matter of law, need not be suggested. Would it signify that his knowledge, his intent, or his act, was criminal? That would be an unnecessary averment of law. Would it be a memorial of the general confederacy among English prosecutors, witnesses, juries, judges, and ministers of the crown, in favor of life, to prevent the enforcement of a code of two hundred capital crimes? 2 Paterson Liberty of the Subject 309, 310. It is not necessary that the grand jury should thus remind the accused or the court that there is no legal or moral ground on which such a confederacy can survive the reason and object of its existence. Darling v. Westmoreland,
There was a rule requiring the word "heirs" in the conveyance of a fee. When the reason of the rule ceased, the rule ceased. Cole v. Lake Co.,
Demurrer overruled.
FOSTER, J., did not sit. *3