Cited by
Opinions in New Hampshire that cite State v. Bean, 371 A.2d 1152.
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State v. Quintero
34 A.3d 612
N.H. 2011
RSA 601:1 (2001), which must be considered in conjunction with Part I, Article 15 of the New Hampshire Constitution, requires that a person be indicted by the grand jury before he or she may be tried for any offense punishable by imprisonment in excess of one year.
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State v. Winward
20 A.3d 338
N.H. 2011
If the defendant had been indicted only for attempted burglary as a principal, the State would have been required to allege in the indictment and prove at trial the specific act committed in furtherance of the attempt.
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State v. Johnson
738 A.2d 1284
N.H. 1999
Attempt is an inchoate crime, see State v. Bean, 117 N.H. 185, 187, 371 A.2d 1152, 1153 (1977), that is considered a substantive offense in and of itself, see State v. Harper, 126 N.H. 815, 818, 498 A.2d 310, 313 (1985).
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State v. Mansfield
592 A.2d 512
N.H. 1991
The incorrect statutory reference was merely an error of form, not requiring abatement of the indictment.
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State v. Elliott
585 A.2d 304
N.H. 1990
“In State v. Bean, 117 N.H. 185, 188, 371 A.2d 1152, 1153-54 (1977), this court held that this provision should be considered in conjunction with part I, article 15 of the New Hampshire Constitution, which provides that ‘[n]o subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally
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State v. Settle
570 A.2d 895
N.H. 1990
State v. Bean, 117 N.H 185, 188, 371 A.2d 1152, 1153 (1977); State v. Inselburg, 114 N.H. 824, 827, 330 A.2d 457, 459 (1974); R. McNamara, 1 New Hampshire Practice, Criminal Practice and Procedure § 310, at 121-24 (Supp. 1988) and § 474, at 314-15 (1980).
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State v. Therrien
533 A.2d 346
N.H. 1987
” State v. Inselburg, 114 N.H. 824, 827, 330 A.2d 457, 459 (1974) (citations omitted); that is, “so that he can prepare for trial,” State v. Rousten, 84 N.H. 140, 143, 146 A. 870, 872 (1929) (citation omitted), quoted in State v. Ball, supra at 63, 132 A.2d at 145; see State v. Thresher, 122 N.H. 63, 70, 442 A.2d 578, 581 (1982); State v. Bean, 117 N.H. 185, 188, 371 A.2d 1152, 1153-54 (1977).
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State v. Erickson
533 A.2d 23
N.H. 1987
In State v. Bean, 117 N.H. 185, 188, 371 A.2d 1152, 1153-54 (1977), this court held that this provision should be considered in conjunction with part I, article 15 of the New Hampshire Constitution, which provides that “[n]o subject shall be *519 held to answer for any crime, or offense, until the same is fully and plainly, substantially and forma
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State v. Donovan
519 A.2d 252
N.H. 1986
reversed for any error or mistake where the person or case may be rightly understood by the court, nor through any defect or want of form....” *706 While any allegation which constitutes an element of the offense must be considered part of the substance of the indictment, State v. Bean, 117 N.H. 185, 188, 371 A.2d 1152, 1153 (1977), it is well settled that amendments as to time are not substantive unless time is of the essence of the offense charged.
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State v. Breest
469 A.2d 1339
N.H. 1983
The defendant cites State v. Bean, 117 N.H. 185, 371 A.2d 1152 (1977), for the proposition that the State must allege “both an intent to commit and an overt act,” id.
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State v. Lurvey
442 A.2d 592
N.H. 1982
The defendant argues that the offense of being an accomplice is an inchoate one, and that, therefore, the information must be specific.
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State v. Southern New Hampshire Builders Ass'n
435 A.2d 533
N.H. 1981
RSA 601:8 (“Formal Errors, etc.”) is not applicable as it sets forth the rule for amending an indictment as to matters of form and not substance.
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In Re DeLucca
426 A.2d 32
N.H. 1981
State v. Bean, 117 N.H. 185, 188-89, 371 A.2d 1152, 1153-54 (1977); State v. Panichas, 107 N.H. 359, 361, 222 A.2d 211, 213 (1966).
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State v. Bussiere
392 A.2d 151
N.H. 1978
Although the indictments describe the offenses in the words of the statute, we have repeatedly held that this alone “ ‘does not always meet the constitutional requirements that a fair and full description of the offense must be alleged.’ ” State v. Bean, 117 N.H. 185, 187—88, 371 A.2d 1152, 1153 (1977), quoting State v. Gilbert, 89 N.H. 134, 194 A. 728 (1937).
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State v. Manchester News Co.
387 A.2d 324
N.H. 1978
...” [2 — 5] An indictment or information “must inform the defendant of the offense for which he is charged with sufficient specificity so that he knows what he must be prepared to meet and so that he is protected from being twice put in jeopardy.” State v. Bean, 117 N.H. 185, 188, 371 A.2d 1152, 1154 (1977); State v. Inselburg, 114 N.H. 824, 827, 330 A.2d 457, 459 (1974).