Jones v. State
Superior Court of New Hampshire
Writ of error, to reverse a judgment of the court of common pleas. At the January term, in the year 1839, of the court of common pleas for this county, the plaintiff in error was indicted for burglary. The indictment set forth that the said Jones, in the nighttime of the 14th day of January, 1839, broke and entered the house of one Coffin, at Alton, and stole therefrom a silver watch.
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Writ of error, to reverse a judgment of the court of common pleas. At the January term, in the year 1839, of the court of common pleas for this county, the plaintiff in error was indicted for burglary. The indictment set forth that the said Jones, in the nighttime of the 14th day of January, 1839, broke and entered the house of one Coffin, at Alton, and stole therefrom a silver watch. Upon this indictment the prisoner was tried in the common pleas, convicted, and sentenced to imprisonment for life. Afterwards, this writ of error was brought, and the following error, among others, was…
1Opinion of the CourtGilchrist, J.
The prisoner is indicted for breaking and entering a dwelling-house, in the night time, and stealing ; *270and the only question is, whether the indictment should have alleged an intent to steal.
The further allegation of an intent to steal would not have vitiated the indictment; for we have held, in accordance with all the authorities, that the indictment may allege a breaking and entering with intent to steal and an actual stealing. State vs. Squires, ante 37.
But jt seems to be well settled by the authorities, that in an indictment for burglary, the allegation and proof of the stealing are…
2Cited by1 opinion
- State v. MooreSuperior Court of New Hampshire · 1841