State v. Long

Decision Date01 June 1939
Citation6 A.2d 752
PartiesSTATE v. LONG.
CourtNew Hampshire Supreme Court

Exceptions from Superior Court, Belknap County; Young, Judge.

Howard Long was convicted of murder in the first degree and case was transferred to the Supreme Court which stayed execution and remanded case, 4 A.2d 865. To review a decision denying motion for new trial, defendant brings exceptions.

Exceptions overruled.

Bill of exceptions. After the foregoing opinion was filed the Presiding Justice heard the proffered evidence and then made the following findings and ruling: "A further hearing upon said motion having been had and the defendant, as well as the State, having had ample opportunity to call all witnesses they desired and present such evidence as they wished, the Court is still of the opinion and so finds as a fact that there is no probability that on a new trial a different verdict will be rendered either as to the defendant's guilt or punishment. The motion for a new trial is denied". The defendant "duly excepted to said decision" and his bill of exceptions was allowed by Young, J.

Thomas P. Cheney, Atty. Gen, and Harold E. Wescott, Co. Sol, of Laconia, for the State.

John S. Hurley, of Manchester, and William W. Keller, of Laconia, for defendant.

PER CURIAM.

An examination of the record discloses abundant evidence on which the decision of the trial Court could reasonably be made. See State v. Wren, 77 N.H. 361, 367, 92 A. 170. The order must therefore be

Exceptions overruled.

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11 cases
  • State v. Nelson
    • United States
    • New Hampshire Supreme Court
    • December 20, 1963
    ...we have considered the objections to the introduction of this evidence as if seasonably taken. State v. Long, 90 N.H. 103, 107, 4 A.2d 865; 6 A.2d 752. The second question transferred is does the rule of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 have a retroactive effect. We......
  • Timmons v. Peyton
    • United States
    • U.S. District Court — Eastern District of Virginia
    • April 28, 1965
    ...delivered to his attorney, had entered a plea of "not guilty by reason of insanity." As observed in State v. Long, 90 N.H. 103, 4 A.2d 865, 6 A.2d 752, such a plea is in the nature of a plea in "confession and avoidance." There had been numerous discussions between petitioner and his counse......
  • State v. Sturtevant
    • United States
    • New Hampshire Supreme Court
    • January 3, 1950
    ...evidence as a further ground. The Court made no finding upon the question of diligence (See State v. Long, 90 N.H. 103, 107, 4 A.2d 865, 6 A.2d 752), but found that 'upon a new trial a different result is not probable.' In each instance denial of the motions implied a determination of fact ......
  • State v. Grierson
    • United States
    • New Hampshire Supreme Court
    • December 6, 1949
    ...a new trial should be granted is plainly sustainable and this exception must be overruled. State v. Long, 90 N.H. 103, 107, 4 A.2d 865, 6 A.2d 752, and cases cited; State v. Ellard, 95 N.H. 217, 223, 60 A.2d The defendant's motion, in substance to set aside the verdict as against the law an......
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