Nichols v. Vitek

Supreme Court of New Hampshire

Nichols v. Vitek

321 A.2d 570, 114 N.H. 453, 1974 N.H. LEXIS 299

Supreme Court of New Hampshire·Decided June 28, 1974·No. 6896·Published·Cited by 4 cases

Opinion

Per curiam.

This petitioner for habeas corpus seeks his liberty on the ground that his conviction for manslaughter in the first degree as a lesser included offense of murder for which he was indicted violated his constitutional and statutory (RSA 601:1) right not to be tried and convicted of the offense of manslaughter without being specifically indicted therefor.

There is no question but that manslaughter is a lesser included offense of murder. The indictment for murder contains all the allegations essential to constitute a charge of manslaughter. State v. Butman, 42 N.H. 490 (1861); State v. Zelichowski, 52 N.J. 377, 245 A.2d 351 (1968).

Petition denied.

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Per curiam.

This petitioner for habeas corpus seeks his liberty on the ground that his conviction for manslaughter in the first degree as a lesser included offense of murder for which he was indicted violated his constitutional and statutory (RSA 601:1) right not to be tried and convicted of the offense of manslaughter without being specifically indicted therefor.

There is no question but that manslaughter is a lesser included offense of murder. The indictment for murder contains all the allegations essential to constitute a charge of manslaughter. State v. Butman, 42 N.H. 490 (1861); State v. Zelichowski, 52 N.J. 377, 245 A.2d 351 (1968).

Petition denied.

Nichols v. Vitek, 321 A.2d 570, 114 N.H. 453, 1974 N.H. LEXIS 299 (N.H. 1974).

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Opinion

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