State v. Canney

• Decision Date: 15 August 1972
• Docket Number: No. 6233,6233
• Citation: 112 N.H. 301,294 A.2d 382
• Parties: STATE v. Vincent P. CANNEY. STATE v. Virgil E. HOWARD.
• Court: New Hampshire Supreme Court

Page 382

294 A.2d 382

112 N.H. 301

STATE v. Vincent P. CANNEY.

STATE v. Virgil E. HOWARD.

No. 6233.

Supreme Court of New Hampshire.

Aug. 15, 1972.

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...