Nichols v. Vitek
This text of 321 A.2d 570 (Nichols v. Vitek) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
321 A.2d 570, 114 N.H. 453, 1974 N.H. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-vitek-nh-1974.