59 N.H. 99 | N.H. | 1879
The averment, that the respondent resisted and obstructed a sheriff legally appointed and duly qualified to discharge the duties of his office, is descriptive of matter material to be charged, and cannot be rejected as surplusage, but must be proved as charged. State v. Copp,
A new trial granted.
BINGHAM, J., did not sit: the others concurred. *100