42 N.H. 485 | N.H. | 1861
As all the counts of the indictment are correct in form, if the evidence supports any one, there must be judgment on the verdict. Hudson v. The State, 1 Blackf. 319; 1 Chitt. Cr. Law 640, note.
It is said that “ if a person leaves his doors or windows open, it is his own folly or negligence, and if a man enter therein it is no burglary; yet if he unlock an inner or chamber door, it is so.” 4 Black. 226. The same doctrine is laid down in 2 East P. C. 488, 489; 1 Hale 553; Whart. Cr. Law 600; 1 Russ. Crimes 790, 791. Com. Big. Justice P. 3; Rose. Crim. Ev. 340; 7 Bane’s Abr. 136; 3 Greenl. Ev., sec. 76; State v. Wilson, Coxe 439. From these authorities it appears that one who, having entered through an open outer door of a dwelling-house, then breaks and enters an inner door, is guilty of breaking and entering the dwelling-house. - The respondent was, therefore, properly convicted of breaking and entering a railroad depot, under chapter 2078 of the Pamphlet Laws (Laws of 1858, 1983).
As the Nashua and Lowell Bailroad and the Boston and Lowell Bailroad jointly had the exclusive possession and control of the depot under the contract and lease, it might well be laid as their depot. Rex v. Rees, 7 C. & P. 568; State v. Rand, 33 N. H. 216. Under the contract between the two corporations, the bank note stolen was their prop
Judgment on the verdict.