State v. Scripture
Supreme Court of New Hampshire
Indictment, for breaking and entering a building in the day-time and stealing therein. The tenth count describes the building as the railroad depot of the Nashua & Lowell Railroad and the Boston & Lowell Railroad, &e., and the money stolen as the property of these two corporations.
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Indictment, for breaking and entering a building in the day-time and stealing therein. The tenth count describes the building as the railroad depot of the Nashua & Lowell Railroad and the Boston & Lowell Railroad, &e., and the money stolen as the property of these two corporations. The building in which the alleged larceny was committed is about eighty feet long by thirty wide, under one roof, used for a freight and passenger depot, connected with the "Wilton Railroad, in Milford, in said county. At one end of the building, extending across its entire width, is a room used as a passenger room…
1Opinion of the CourtBartlett, J.
As all the counts of the indictment are correct in form, if the evidence supports any one, there must be judgment on the verdict. Hudson v. The State, 1 Blackf. 319; 1 Chitt. Cr. Law 640, note.
It is said that “ if a person leaves his doors or windows open, it is his own folly or negligence, and if a man enter therein it is no burglary; yet if he unlock an inner or chamber door, it is so.” 4 Black. 226. The same doctrine is laid down in 2 East P. C. 488, 489; 1 Hale 553; Whart. Cr. Law 600; 1 Russ. Crimes 790, 791. Com. Big. Justice P. 3; Rose. Crim. Ev. 340; 7 Bane’s Abr. 136; 3 Greenl. Ev.,…
2Cases cited2 opinions
- Hudson v. StateIndiana Supreme Court · 1824
- Harrison v. HixsonIndiana Supreme Court · 1837
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