State v. Buzzell
Supreme Court of New Hampshire
Indictment, for being accessory, before the fact, to the murder of H., by counselling, hiring, and procuring C. to commit the murder. Reported in 58 N. H. 257. Plea, not guilty. C., being called as a witness by the state, gave evidence of the details of the murder, and of the previous counselling, hiring, and procuring. A part of his testimony was, that he shot H. in the presence of the defendant; and that the defendant levelled the gun, and ordered him to fire.
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Indictment, for being accessory, before the fact, to the murder of H., by counselling, hiring, and procuring C. to commit the murder. Reported in 58 N. H. 257. Plea, not guilty. C., being called as a witness by the state, gave evidence of the details of the murder, and of the previous counselling, hiring, and procuring. A part of his testimony was, that he shot H. in the presence of the defendant; and that the defendant levelled the gun, and ordered him to fire. The defendant objected to this evidence, on the ground that it tended to show that he was a principal, and did not tend to prove the…
1Opinion of the CourtBingham, J.
I. The evidence tending to show that the defendant was present at the murder, aiding and abetting C‘., was offered and received, not for the purpose of showing that the defendant was present as a principal, nor for the purpose of inferring from his presence that he had been an accessory, but as a part of C.’s testimony, tending to proye the allegation of the indictment that C. murdered H. It was as necessary for the state to prove that C. committed the murder, as to prove that the defendant had previously incited him to commit it; and there was no error of law in the admission of the whole of…
2Cases cited13 opinions
- State v. ShepardSupreme Court of Connecticut · 1828
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1869
- State v. SmithSupreme Court of Vermont · 1871
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3Cited by2 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Snyder v. MassachusettsSupreme Court of the United States · 1934