State v. Wilson

Supreme Court of New Hampshire
State v. Wilson, 59 N.H. 139 (N.H. 1879)
Clark, Bingham

State v. Wilson

Opinion of the Court

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.

Reference

Full Case Name
State v. Wilson.
Status
Published