State v. Small
Supreme Court of New Hampshire
Indictment, charging murder in the first degree. Plea, not guilty. Trial by jury, and verdict, guilty of murder in the first degree, with capital punishment. The defendant objected that the evidence- of the state was insufficient to authorize the submission of the case to the jury and that upon the whole case he was entitled to a verdict as matter of law.
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Indictment, charging murder in the first degree. Plea, not guilty. Trial by jury, and verdict, guilty of murder in the first degree, with capital punishment. The defendant objected that the evidence- of the state was insufficient to authorize the submission of the case to the jury and that upon the whole case he was entitled to a verdict as matter of law. He also objected in seven instances to the admission of evidence offered by the state and in one to the exclusion of evidence offered by him and in twenty particulars to the argument in behalf of the state. Upon the overruling of these…
1Opinion of the CourtPlummer, J.
No important or difficult questions of law are presented by the exceptions. Substantially all the questions are questions of law only because they are such as require decision by this court.
Whether the record contains evidence authorizing the submission of the case to the jury, or presents facts upon which the verdict found may legally be rested, is a question mainly of fact which can be answered only by an examination of the record.. Exhaustive and careful study of this record of the evidence before the jury, leaves no room for question as to the legality of the action of the trial court in…
2Cases cited2 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. . FitzgeraldNew York Court of Appeals · 1898
3Cited by14 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- State v. BaconSupreme Court of New Hampshire · 1974
- Bunten v. DavisSupreme Court of New Hampshire · 1926
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- State v. HaleSupreme Court of New Hampshire · 1932
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