State v. Smith

DUFRESNE, Chief Justice.

The defendant Kenneth E. Smith was convicted by jury of the crime of burglary at the November term, 1969, in Lincoln County Superior Court. He raises several points of error. The appeal is denied.

DUPLICITY.

Defendant before trial, by motion under Rule 12(b) (1), M.R.Crim.P., objected to the indictment on the ground that it was duplicitous. He claims the indictment charges him with assault in addition to the offense of burglary under 17 M.R.S.A. § 751.

Our burglary statute, 17 M.R.S.A. § 751, reads as follows:

“Whoever breaks and enters in the nighttime with intent to…