Citation Numbers: 12 R.I. 216, 1878 R.I. LEXIS 66
Judges: Dukfee
Filed Date: 10/21/1878
Status: Precedential
Modified Date: 10/19/2024
We do not think the indictment is bad for duplicity. In theState v. Plastridge,
Neither do we think the indictment is bad for uncertainty as claimed. It is not to be presumed that the accused maintains several places in the same city which are liable to the charge of being nuisances. If he does, however, and is at loss to know which of them is meant, the court undoubtedly would relieve him of the embarrassment on application, by requiring a specification from the government. And it has been held, the offence being local, the prosecution will not be permitted to prove it anywhere in the county out of the town alleged. State v. Nixon,
The other exceptions relate to questions put by the prosecution to a government witness, which are complained of as leading. It is in the discretion of the court to allow a leading question *Page 218
to be asked, and therefore, even if the question referred to were leading, the exceptions cannot be sustained simply on that account. State v. Williams,
Exceptions overruled and cause remanded to the Court ofCommon Pleas for sentence.