State v. Boutin

The defendant was charged and convicted of burglary in the nighttime in violation of 13 V.S.A. § 1201. Specifically, he was charged with feloniously breaking and entering in the nighttime the building of the Old Board Restaurant wherein personal property the subject of larceny was situated with the intent to commit larceny. He now appeals, contending that the State failed to prove his guilt beyond a reasonable doubt by not proving that the offense was committed in the nighttime. He also claims that the court erred in its supplemental instructions to the jury regarding the question of intent,…