Nichols v. Vitek
Nichols v. Vitek
114 N.H. 453; 321 A.2d 570; 1974 N.H. LEXIS 299
Nichols v. Vitek
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.