Upon an indictment for breaking and entering and stealing, the prisoner upon conviction may be sentenced under G.L., c. 279, for breaking and entering with intent to commit larceny.
CLARK, J.
The indictment is sufficient. An intent to commit larceny is included in the charge of stealing. The charge of breaking and entering and stealing is equivalent to an averment of breaking and entering with intent to steal. Jones v. State, 11 N.H. 269; State v. Moore, 12 N.H. 42; State v. Ayer, 23 N.H. 301; Commonwealth v. Hope, 22 Pick. 1; Wharton Cr. Law 1613; 2 Bishop Cr. Law 115.
Demurrer overruled.
BINGHAM, J., did not, sit: the others concurred.