State v. Wilson

Supreme Court of New Hampshire

State v. Wilson

59 N.H. 139

Supreme Court of New Hampshire·Decided June 5, 1879·Published

Opinion

Clark, J.

The indictment is sufficient. An intent to commit larceny is included in the charge of stealing. The charge of breaking and entering and stealing is equivalent to an averment of breaking and entering with intent to steal. Jones v. State, 11 N. H. 269; State v. Moore, 12 N. H. 42; State v. Ayer, 23 N. H. *140 301; Commonwealth v. Hope, 22 Pick. 1; Wharton Cr. Law 1613; 2 Bishop Cr. Law 115.

Demurrer overruled.

Bingham, J., did not sit: the others concurred.

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Clark, J.

The indictment is sufficient. An intent to commit larceny is included in the charge of stealing. The charge of breaking and entering and stealing is equivalent to an averment of breaking and entering with intent to steal. Jones v. State, 11 N. H. 269; State v. Moore, 12 N. H. 42; State v. Ayer, 23 N. H. *140 301; Commonwealth v. Hope, 22 Pick. 1; Wharton Cr. Law 1613; 2 Bishop Cr. Law 115.

Demurrer overruled.

Bingham, J., did not sit: the others concurred.

State v. Wilson, 59 N.H. 139 (N.H. 1879).

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