59 N.H. 139
Supreme Court of New Hampshire
Decided June 5, 1879
Supreme Court of New Hampshire · decided 1879-06-05
<p>Upon an indictment for breaking and entering and stealing, the prisoner upon conviction may be sentenced under Gr. L., a. 279, for breaking and entering with intent to commit larceny.</p> <p>Indictment, for breaking and entering a store, and stealing therefrom one bank bill. The respondent demurred, on the ground that no offence punishable under the Genera] Laws was charged in the indictment, the punishment prescribed by statute (G. L., c. 279) being for breaking and entering with intent to commit larceny.</p>
Cited by 1 later decisions — most recently February 1963
1 state decisions
Relies on State v. Moore · Jones v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1879-06-05
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¶1 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.
¶2 Demurrer overruled.