State v. Nelson
Superior Court of New Hampshire
The indictment in this case alleged that the prisoner, on the 7th July, 1835, at Hudson, with force and arms one horse of the value of $100, one bridle of the value of $1,00, one frock coat of the value of $25, one saddle of the value of $10, of the goods and chattels of James Steele, did felon-iously steal, take and carry away.
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The indictment in this case alleged that the prisoner, on the 7th July, 1835, at Hudson, with force and arms one horse of the value of $100, one bridle of the value of $1,00, one frock coat of the value of $25, one saddle of the value of $10, of the goods and chattels of James Steele, did felon-iously steal, take and carry away. He was tried at the September term of the court of common pleas, in this county, 1S35, when the jury found him guilty of stealing the horse, and also guilty of stealing other articles mentioned in the indictment, to the value of $19. A motion was then made in arrest…
1Opinion of the Court
Richardson, O. J.,
delivered the opinion of the court.
It is very clear, that two distinct larcenies may be committed by the same individual at one and the same time. Thus, if one steal at the same time the goods of A, and also other goods of B, there are two distinct larcenies. 2 East's Crown Law 521.
It is equally clear, that the prisoner in this case stands charged upon the face of the indictment with two distinct larcenies, and that he is convicted by the verdict of the jury of two distinct crimes. The stealing of the horse was a larceny, for'which the punishment prescribed by the statute is…
2Cases cited1 opinion
- Commonwealth v. SymondsMassachusetts Supreme Judicial Court · 1806
3Cited by10 opinions
- Flournoy v. StateSupreme Court of Alabama · 1948
- State v. MooreSuperior Court of New Hampshire · 1841
- State v. GorhamSupreme Court of New Hampshire · 1875
- State v. SquiresSuperior Court of New Hampshire · 1840
- Peck v. StateCourt of Criminal Appeals of Texas · 1908
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