Davis v. State

It was the duty of the Trial Court “to fully and correctly instruct the jury as to the law applicable to the case” (Burke v. Railroad, 82 N. H. 350, 361), and to so phrase his instructions that it was reasonably certain the jury understood them. West v. Railroad, 81 N. H. 522, 532. In our opinion this was not done. Crediting the jury with sound common sense, still it cannot be said in view of all the conflicting claims made throughout the trial that they as laymen were bound to know the meaning of market value, or that they should have understood that this was the test to determine the amount…