State v. Hodge
Supreme Court of New Hampshire
Indictment, for breaking and entering the dwellingdiouse of one James Call in the night-time, and stealing a gold watch and chain. Verdict, guilty; and motion of the defendant for a new trial. The evidence tended to prove the following facts. The house had been broken and entered in the night.
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Indictment, for breaking and entering the dwellingdiouse of one James Call in the night-time, and stealing a gold watch and chain. Verdict, guilty; and motion of the defendant for a new trial. The evidence tended to prove the following facts. The house had been broken and entered in the night. The next morning, when the watch and chain were missed, the house occupied by the defendant was searched, and the watch and chain were found (with two bits, a chisel, and a spirit-level, which belonged to Call, and which he had kept in his shop in front of his house) in a straw bed owned by one Howe,…
1Opinion of the CourtDob, J.
The defendant’s counsel claims that “ the State relies on the possession by the respondent of the articles alleged to be stolen that “ possession of stolen goods, which will justify conviction, must be recent and exclusivethat “ the State has not actually proved either possession by the respondent of the articles alleged to be stolen, or ©ccupaney of the room in which they were found, much less exclusive possession and that the court erred in refusing'to instruct the jury, as requested, that the evidence was not sufficient to authorize a verdict against him.
It has been generally understood,…
2Cases cited10 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Hall v. StateIndiana Supreme Court · 1858
- Engleman v. StateIndiana Supreme Court · 1850
- State v. CroteauSupreme Court of Vermont · 1849
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3Cited by9 opinions
- State v. YoungSupreme Court of Florida · 1968
- Smith v. StateDistrict Court of Appeal of Florida · 1980
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Ard v. StateSupreme Court of Florida · 1959
- State of New Hampshire v. Richard PaulSupreme Court of New Hampshire · 2014
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