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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 601:1 (2024)

Indictments, Necessity

✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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    601:1 Indictments, Necessity. – No person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against such person by the grand jury of the county or judicial district thereof in which the offense is committed or is triable.

Source. RS 225:1. CS 240:1. GS 242:1. GL 260:1. PS 253:1. PL 367:1. RL 427:1. RSA 601:1. 1992, 284:82, eff. July 1, 1992.

Notes of Decisions
Cited in 18 cases, 1963–2019 · leading case: State v. Smith, 736 A.2d 1236 (N.H. 1999).
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State v. Smith, 736 A.2d 1236 (N.H. 1999). · cites it 10× “RSA 601:1 (Supp. 1998) provides that “[n]o person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against such person by the grand jury.”
State v. Jose Batista-Salva, 205 A.3d 165 (N.H. 2019). “The State contends that the defendant never presented his constructive amendment argument to the trial court, and therefore none of his arguments are preserved for our review.”
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.”
State v. Johnson, 547 A.2d 213 (N.H. 1988). “However, indictments may be amended in form, for such amendments do not jeopardize the right to be tried only on charges that have been passed on by a grand jury required by RSA 601:1. See generally State v. Miner, 122 N.”
In re Essex Search Warrants, 2012 VT 92, 60 A.3d 707. · cites it 2× “7(a) (providing that “[a]ny offense may be prosecuted by indictment or information at the option of the prosecuting officer”), with N.H. Rev. Stat. Ann. § 601:1 (2011). That sufficient justification for sealing or redaction may exist in many ongoing investigations calls into…”
State v. Erickson, 533 A.2d 23 (N.H. 1987). “RSA 601:1; N.H. Const. pt. I, art. 15. In State v.”
State v. Elliott, 585 A.2d 304 (N.H. 1990). “628, 632 , 517 A.2d 1163, 1166 (1986). However, in arguing that the trial court impermissibly amended the grand jury’s indictment, the defendant is alleging a violation of RSA 601:1.”
State v. Bean, 371 A.2d 1152 (N.H. 1977). “” RSA 601:1. The provision should be considered in conjunction with part I, article 15 of the New Hampshire Constitution, which provides that: “No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally,…”
State of New Hampshire v. Shawn Carter, 167 N.H. 161 (2014). “15; RSA 601:1 (2001), the rule obviously comes into play with respect to felony charges only after the defendant has been indicted.”
State v. Pelky, 559 A.2d 1345 (N.H. 1989). “” This constitutional guarantee is effectuated in cases involving offenses which may be punishable by death or imprisonment for more than one year, see RSA 601:1, partly by means of the indictment, which must “set[ ] forth the offense fully, *718 plainly, substantially and…”
State v. Pond, 567 A.2d 992 (N.H. 1989). “See RSA 601:1 (“No person shall be tried for any offense, the punishment of which may be .”
State v. Allegra, 533 A.2d 338 (N.H. 1987). “Although RSA 601:1 provides that felonies must be charged by indictment, there is no statutory prohibition against indicting for a misdemeanor.”
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