State v. Canney

Decision Date15 August 1972
Docket NumberNo. 6233,6233
Citation112 N.H. 301,294 A.2d 382
PartiesSTATE v. Vincent P. CANNEY. STATE v. Virgil E. HOWARD.
CourtNew Hampshire Supreme Court

Warren B. Rudman, Atty. Gen., and Henry F. Spaloss, Asst. Atty. Gen., for the State.

Remcho, Billow & Haroz, Gerald J. Billow and Michael J. Haroz, Cambridge, Mass., and Sulloway, Hollis, Godfrey & Soden and Michael M. Lonergan, Concord, for defendants.

LAMPRON, Justice.

Each defendant was charged with the same two crimes: injuring property owned by a public utility, New England Telephone and Telegraph Company (RSA 572:3), and larceny of property having a value of one hundred dollars or more. RSA 582:3 (supp.). After a joint trial by jury both defendants were found guilty of the charges against them. All their exceptions, among which were those to the denial of their motions to set aside the verdicts, were reserved and transferred by King, J.

The general issue raised by the defendants on this appeal is whether there was sufficient circumstantial evidence to find them guilty. More particularly the defendants claim that the convictions were based on presumed circumstances and inferences drawn from other inferences and that all the proven circumstances do not exclude a reasonable inference of their innocence.

It is a well-established rule of criminal law in this State that circumstantial evidence may be sufficient to warrant the finding by a jury of guilt beyond a reasonable doubt. State v. Gobin, 96 N.H. 220, 73 A.2d 430 (1950); State v. Mihoy, 98 N.H. 38, 40, 93 A.2d 661, 662 (1953); State v. Amero, 106 N.H. 134, 207 A.2d 440 (1965). Proof by eyewitnesses or by direct evidence of the essential elements of the crimes or of their commission by defendants is not required. Commonwealth v. Thomas, 429 Pa. 227, 239 A.2d 354 (1968). The law makes no distinction between direct evidence of a fact and evidence of circumstances from which the existence of a fact may be inferred. No greater degree of certainty, than proof beyond a reasonable doubt, is required whether the evidence is circumstantial or direct. State v. Smith, 156 Conn. 378, 242 A.2d 763 (1968); Commonwealth v. Bartlett, 446 Pa. 392, 288 A.2d 796 (1972).

It is within the province of the jury to draw reasonable inferences from the facts proved. Furthermore the jury can also draw inferences from facts which they found as a result of other inferences provided they can reasonably be drawn therefrom. L'Esperance v. Sherburne, 85 N.H. 103, 114, 155 A. 203 (1931); State v. McGinnis, 158 Conn. 124, 256 A.2d 241 (1969); 1 Wigmore, Evidence s. 41 (3d ed. 1940). Guilty verdicts having been rendered, in determining on this appeal whether the evidence was sufficient to prove defendants guilty beyond a reasonable doubt, the evidence is to be construed in the light most favorable to the State with all reasonable inferences therefrom. Commonwealth v. Cimaszewski, 447 Pa. 141, 288 A.2d 805 (1972).

There was evidence that on July 22, 1970, at about 12:50 p.m. the telephone office in Littleton received notice that four telephone lines at the Crawford House Hotel were not functioning. At about 1:30 p.m. a telephone employee was dispatched to test the circuits and reported them dead. Upon further investigation it was found that all the wires in these circuits, which served the hotel and others, had been completely cut and removed between six poles. The distance above ground of these wires varied from 4 to 12 feet. Some of them could be reached by standing on a banking. They were uninsulated copper wires of two sizes which could be cut with a pair of pliers or wire cutters without any danger as they were battery energized with low power. All of the missing wires could have been cut by two persons in from four to six hours. They amounted to 750 feet or 983 pounds of wire. The price paid for such wire at the time of the incident was about 35 cents per pound or about $343 for the amount missing.

There was also evidence that Miller, a telephone employee, and a State trooper whom he had notified of the incident began walking, at about 2:15 p.m., along a railroad track which ran parallel to these telephone lines. Within about 15 minutes the officer saw two men by the track whom he identified as the two defendants. Defendant Howard was then coiling wire. The officer ordered the men to stop and fired two warning shots. The...

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21 cases
  • State v. Germain
    • United States
    • New Hampshire Supreme Court
    • 5 November 2013
    ...that circumstantial evidence may be sufficient to warrant the finding by a jury of guilt beyond a reasonable doubt." State v. Canney, 112 N.H. 301, 302, 294 A.2d 382 (1972). "Proof by eyewitnesses or by direct evidence of the essential elements of the crimes or of their commission by defend......
  • State v. Kelley
    • United States
    • New Hampshire Supreme Court
    • 24 January 1980
    ...proof of facts or circumstances which give rise to a reasonable inference of the truth of the fact sought to be proved. State v. Canney, 112 N.H. 301, 294 A.2d 382 (1972). It is well established that circumstantial evidence may be sufficient to warrant the finding by a jury of guilt beyond ......
  • State v. LaRose
    • United States
    • New Hampshire Supreme Court
    • 15 August 1985
    ...therefrom, in the light most favorable to the State. State v. Benson, 124 N.H. 767, 769, 474 A.2d 576, 577 (1984); State v. Canney, 112 N.H. 301, 303, 294 A.2d 382, 383 (1972). The evidence adduced at trial is insufficient to support the verdict only if no rational trier of fact could have ......
  • State v. Gruber, 87-491
    • United States
    • New Hampshire Supreme Court
    • 9 August 1989
    ...or circumstances which give rise to a reasonable inference of the truth of the fact sought to be proved." Id. (citing State v. Canney, 112 N.H. 301, 294 A.2d 382 (1972)). Accordingly, the jury could infer from the evidence that the defendant obtained $530.25 from NHIC, since it was the defe......
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