(Download) "State v. Sydney Thorp" by Supreme Court of New Hampshire ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Sydney Thorp
- Author : Supreme Court of New Hampshire
- Release Date : January 06, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
All murder committed... in perpetrating or attempting to perpetrate... robbery or burglary, is murder of the first degree."" P. L., c. 392, s. 1. ""The punishment of murder in the first degree shall be death or imprisonment for life, as the jury may determine.... If the jury shall find the respondent guilty of murder in the first degree, the punishment shall be life imprisonment unless the jury shall add to their verdict the words, with capital punishment."" P. L., c. 392, s. 4. Robbery is the felonious taking of prop erty from the person of another by force. State v. Iacavone, 85 N.H. 207, 208; State v. Gorham, 55 N.H. 152, 166. The court did not err in refusing to instruct the jury that they might find the defendant guilty of a lower grade of homicide than that of first-degree murder (even assuming the request to so charge had been seasonably made), since there was no evidence from which second-degree murder or manslaughter could reasonably be inferred. McCutcheon v. State, 199 Ind. 247, 257; People v. Utter, 217 Mich. 74, 88; State v. Messino, 325 Mo. 743, 769; Wever v. State, 121 Neb. 816, 820; State v. Giampietro, 107 N. J. Law, 120, 122; People v. Chapman , 224 N. Y. 463, 479; Commonwealth v. Hadok, 313 Pa. St. 110, 115; State v. Whitfield, 129 Wash. 134, 141.
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