Legal Opinion

State v. Ayer

Superior Court of New Hampshire

Decided December 15, 1851PublishedCited by 3 opinions

Indictment, in which the respondent was charged with breaking and entering in the night time, into the shop of J. Gr. Eaton, with intent to steal the goods and chattels of said Eaton, and actually stealing a quantity of shoes, of the goods and chattels of said Eaton.

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Indictment, in which the respondent was charged with breaking and entering in the night time, into the shop of J. Gr. Eaton, with intent to steal the goods and chattels of said Eaton, and actually stealing a quantity of shoes, of the goods and chattels of said Eaton. The evidence in relation to the ownership of the shoes, was as follows : Eaton was a manufacturer of shoes for other persons, and the usual course of his business was, to take from the shop of his employer, the materials for a certain number of pairs of shoes, which were then charged to him; after making up the shoes, he returned…

1Opinion of the Court

Gilchrist, 0. J.

The crime charged is, that the prisoner broke and entered a shop, in the night time, with intent to steal, and actually stole therefrom.

Section 7, ch. 215, Rev. Stat., provides in substance, that if any person shall break, and enter, any shop, &c., in the night time, with intent to steal, he shall be punished, &c.

Section 9 enacts, that if any person shall, in the night time, break, or enter any shop, &c., and shall therein commit larceny, he shall be punished.

Section 8 provides that if any person, with intent to commit any crime, the punishment whereof may be confinement to…

2Cited by3 opinions

  1. Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
  2. Morley v. Cranmore Skimobiles, Inc.District Court, D. New Hampshire · 1946
  3. State v. GorhamSupreme Court of New Hampshire · 1875

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