State v. Moore
Superior Court of New Hampshire
Indictment, for breaking and entering the house of Isaac Paddleford, at Lyman, in the night time, on the 19th day of November, 1840, with intent to steal, and stealing therefrom certain pieces of money. It appeared in evidence that the prisoner went to the house, which is a public house, and asked for, and obtained lodging for the night, and that he took the money from a box in a desk in the bar-room, in the course of the night.
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Indictment, for breaking and entering the house of Isaac Paddleford, at Lyman, in the night time, on the 19th day of November, 1840, with intent to steal, and stealing therefrom certain pieces of money. It appeared in evidence that the prisoner went to the house, which is a public house, and asked for, and obtained lodging for the night, and that he took the money from a box in a desk in the bar-room, in the course of the night. The jury were instructed that upon this indictment the prisoner might be convicted of burglary, of entering in the night time and stealing, or of larceny ; that if…
1Opinion of the CourtGilchrist, J.
The first question presented by the case, is, whether, under this indictment, the prisoner can be convicted of entering in the night time with intent to steal. That the actual larceny, if proved, is sufficient evidence of the intent, and dispenses with the necessity of any other evidence on that point, has been repeatedly settled in this court, and elsewhere. State vs. Squires, 11 N. H. Rep. 37; Jones vs. The State, 11 N. H. Rep. 269; Commonwealth vs. Hope, 22 Pick. 1, and cases there referred to.
It is said, in the case last cited, that on an indictment “charging the breaking and entering a…
2Cases cited5 opinions
- Allen v. CrofootNew York Supreme Court · 1830
- State v. NelsonSuperior Court of New Hampshire · 1835
- Barrett v. WhiteSuperior Court of New Hampshire · 1825
- State v. SquiresSuperior Court of New Hampshire · 1840
- Jones v. StateSuperior Court of New Hampshire · 1840
3Cited by8 opinions
- State v. ThibeaultSupreme Judicial Court of Maine · 1979
- State v. HarperSupreme Court of Kansas · 1990
- State v. McMillanSupreme Court of New Hampshire · 2009
- State v. ThaxtonSupreme Court of New Hampshire · 1980
- State v. GorhamSupreme Court of New Hampshire · 1875
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