State v. Squires
Superior Court of New Hampshire
Indictment for Burglary. The indictment alleged that the prisoner, on the 6th day of June, 1839, with force and arms, at Littleton, the dwelling-house of one Ezra Parker, there situate, then and there, about the hour of one in the night time of the same day, feloniously and burglariously did break and enter, with intent the goods and chattels of one Ezra Parker, &c., to take, steal and carry away; and fifty pounds of cheese, of the value, &c., of the proper goods, &c., then…
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Indictment for Burglary. The indictment alleged that the prisoner, on the 6th day of June, 1839, with force and arms, at Littleton, the dwelling-house of one Ezra Parker, there situate, then and there, about the hour of one in the night time of the same day, feloniously and burglariously did break and enter, with intent the goods and chattels of one Ezra Parker, &c., to take, steal and carry away; and fifty pounds of cheese, of the value, &c., of the proper goods, &c., then and there being found, then and there, &.C., did take, steal and carry away. On this indictment the prisoner was tried…
1Opinion of the Court
Gilchrist, J,
In this case it is argued that the indictment charges two distinct, substantive offences, burglary and larceny; and the question arises, whether the indictment is bad for duplicity.
It is well settled, as a general rule, that two offences cannot be charged in the same count in an indictment. Archb. Crim. Pl. 25; State vs. Nelson, 8 N. H. Rep. 163. This is an important rule, both to the prisoner and the public. Criminal charges should be so alleged, that the prisoner may know precisely against what he is to defend, and that the attention of the jury may not be distracted by a…
2Cases cited1 opinion
- State v. NelsonSuperior Court of New Hampshire · 1835
3Cited by3 opinions
- State v. SmithSupreme Judicial Court of Maine · 1971
- State v. MooreSuperior Court of New Hampshire · 1841
- State v. GorhamSupreme Court of New Hampshire · 1875