Martin v. State

TAPLEY, Justice.

On appeal. This is an appeal from the findings of a single Justice on the petition for issuance of a writ of habeas corpus (14 M.R.S.A., Sec. 5502 et seq.). The issue is whether the information sufficiently charges the crime of breaking, entering and larceny in the nighttime without alleging that the appellant took the property with an intent to deprive the owner of it permanently.

The information was drafted under provisions of 17 M.R.S.A. Sec. 2103. This section reads:

“Whoever, without breaking, commits larceny in the nighttime in a dwelling house or building adjoining and…