State v. Thorp

Decision Date06 March 1934
Citation172 A. 879
PartiesSTATE v. THORP.
CourtNew Hampshire Supreme Court

Exceptions from Superior Court, Rockingham County; James, Judge.

Sydney Thorp was convicted of murder in the first degree, and his exceptions were overruled (171 A. 633). A motion by the defendant, and a motion by the administrator of his estate were both denied, and they bring exceptions.

Exceptions overruled.

On Motions. After the foregoing opinion was filed (171 A. 633), the defendant moved in the superior court for permission to photograph certain exhibits at the trial remaining in the state's possession. Also, an administrator of the defendant's estate appointed under P. L. c. 369, § 8, moved that certain exhibits introduced at the trial and now in the custody of the court be ordered delivered to him as belonging to him in such capacity. Both motions were denied by James, J., subject to exception.

Stewart E. Rowe, of Portsmouth, for the motion.

Francis W. Johnston, Atty. Gen., opposed.

PER CURIAM.

Upon the first exception, there being no proceeding pending to which the motion could relate, there was no jurisdiction to act upon it. Moreover, if it be assumed that the court might consider the merits of the motion, no abuse of discretion in its denial appears.

The other motion was prematurely filed. Until the conviction becomes final so that it may not be set aside under any proceedings which might be hereafter brought, justice may require that all exhibits be held in custody.

Exceptions overruled.

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14 cases
  • State v. Coolidge
    • United States
    • New Hampshire Supreme Court
    • 30 Julio 1969
    ...activities in the week which followed January 13 warranted an inference of guilt. State v. Thorp, 86 N.H. 501, 507, 171 A. 633, 172 A. 879. There was evidence that the victim died within two to four hours of her last meal, and expert testimony to warrant a finding that death occurred on Jan......
  • United States v. Stifel
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 29 Octubre 1970
    ...The issue so presented was one which was properly submitted to the jury for decision. State v. Thorp, 86 N.H. 501, 507, 171 A. 633, 172 A. 879. Essentially, as in the case of Dr. Harrison\'s matching tests, the issue involved the `mathematical theory of probabilities.\' See Wigmore, Evidenc......
  • State v. Reenstierna
    • United States
    • New Hampshire Supreme Court
    • 24 Abril 1958
    ...of fact has received hospitable recognition in this state by both judicial decision and statute. State v. Thorp, 86 N.H. 501, 171 A. 633, 172 A. 879; State v. Mihoy, 98 N.H. 38, 93 A.2d 661, 35 A.L.R.2d 852; Groulx v. Groulx, 98 N.H. 481, 103 A.2d 188, 46 A.L.R.2d 994; State, by Dolloff v. ......
  • State v. Muolo
    • United States
    • Connecticut Supreme Court
    • 1 Mayo 1934
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