State v. Caldrain

The defendant was convicted in a trial by jury of breaking and entering a dwelling house in the nighttime with intent to commit rape. RSA 583-A: 2,: 3 (Laws 1967, 190:1, effective until November 1, 1973; see RSA 635:1). The Trial Court, Loughlin, J., reserved and transferred defendant’s exceptions. The principal exception relied upon by the defendant is to the failure of the trial court to charge the jury that they might consider the effect of alcohol upon the mind of the defendant in determining whether defendant had an intent to commit rape. We sustain this exception and order a new trial.

Th…