Supreme Court of New Hampshire, 1879

State v. Wilson

State v. Wilson
Supreme Court of New Hampshire · Decided June 5, 1879 · Clark, Bingham
59 N.H. 139

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.

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