Nichols v. Vitek, 6896
| Decision Date | 28 June 1974 |
| Docket Number | O,No. 6896,6896 |
| Citation | 114 N.H. 453,321 A.2d 570 |
| Parties | Edward M. NICHOLS v. Joseph VITEK, Warden. riginal. |
| Court | New Hampshire Supreme Court |
George L. O'Malley, Nashua, for plaintiff.
Warren B. Rudman, Atty. Gen., and David W. Hess, Asst. Atty. Gen. (Mr. Hess orally), for defendant.
This petitioner for habeas corpus seeks his liberty on the ground that his conviction for manslaughter in the first degree as a lesser included offense of murder for which he was indicted violated his constitutional and statutory (RSA 601:1) right not to be tried and convicted of the offense of manslaughter without being specifically indicted therefor.
There is question but that manslaughter is a lesser included offense of murder. The indictment for murder contains all the allegations essential to constitute a charge of manslaughter. State v. Butman, 42 N.H. 490 (1861); State v. Zelichowski, 52 N.J. 377, 245 A.2d 351 (1968).
Petition denied.
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State v. Conklin
...as defined by RSA 585:1, like manslaughter, constituted a lesser included offense of the crime of first-degree murder. Nichols v. Vitek, 114 N.H. 453, 321 A.2d 570 (1974); In re Murray, 131 Vt. 4, 8, 298 A.2d 835, 837-38 (1972); Commonwealth v. Penn, 444 Pa. 526, 282 A.2d 233 (1971). Where ......
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State v. McPhail
...of murder are included in the charge. The indictment also includes lesser offenses such as aggravated assault. Nichols v. Vitek, 114 N.H. 453, 321 A.2d 570 (1974); State v. O'Brien, 114 N.H. 233, 317 A.2d 783 The defendant's argument that RSA 630:1 is unconstitutional as a bill of attainder......