Legal Opinion

State v. Hayes

Supreme Court of New Hampshire

Decided December 5, 1879PublishedCited by 1 opinion

Indictment, for the manslaughter of Mr. Angelí. The defendant killed Angelí, and claimed that he killed him in self-defence. The evidence tended to show the following facts: — The title of the house in which the homicide occurred, and the premises connected therewith, was in Mrs. Angelí, the wife of the deceased. She held the property to her sole and separate use, free from the control or interference of her husband. The deceased and his wife lived there together.

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Indictment, for the manslaughter of Mr. Angelí. The defendant killed Angelí, and claimed that he killed him in self-defence. The evidence tended to show the following facts: — The title of the house in which the homicide occurred, and the premises connected therewith, was in Mrs. Angelí, the wife of the deceased. She held the property to her sole and separate use, free from the control or interference of her husband. The deceased and his wife lived there together. He carried on the farm, and they occupied the house. He took the crops annually, and had the general control and management of the…

1Opinion of the CourtBingham, J.

The question whether Mr. Angelí was the tenant, or the servant, of his wife, was a question of fact; and on that question there was no presumption of law transferring the burden of proof from the state to the defendant. If the contrary rule is laid down in Albin v. Lord, 39 N. H. 196, 205, it cannot be sustained. Bickford v. Dane, 58 N. H. 185; Noyes v. Hemphill, 58 N. H. 536; State v. Hodge, 50 N. H. 510; Savings-Bank v. Getchell, ante, 281.

Verdict set aside.

Stanley, J., did not sit: the others concurred.

2Cases cited2 opinions

  1. Bickford v. DaneSupreme Court of New Hampshire · 1877
  2. Noyes v. HemphillSupreme Court of New Hampshire · 1879

3Cited by1 opinion

  1. People's Trust Co. v. MerrillSupreme Court of New Hampshire · 1918

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