State v. Wills

The defendant was indicted and convicted, after trial by jury, of breaking and entering a dwelling house at night with intent to commit larceny therein in violation of RSA 583:2. The defendant’s appeal, allowed by Loughlin, J., is based on the contention that the evidence does not “establish that Wills intended to commit larceny when he entered the dwelling house.”

At approximately 12:45 A.M. on the morning of December 19, 1964, James Richardson was awakened when someone “banged” into a metal railing on a stairway leading from the living room on the lower level to the bedroom on the upper…