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; *Page 140 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.