59 N.H. 450
Supreme Court of New Hampshire
Decided December 5, 1879
Supreme Court of New Hampshire · decided 1879-12-05
Indictment, for the manslaughter of Mr. Angelí. The defendant killed Angelí, and claimed that he killed him in self-defence. The evidence tended to show the following facts: — The title of the house in which the homicide occurred, and the premises connected therewith, was in Mrs. Angelí, the wife of the deceased. She held the property to her sole and separate use, free from the control or interference of her husband. The deceased and his wife lived there together.
Relies on State v. Hodge · Albin v. Lord · Bickford v. Dane
Good law ✅— No negative treatment on recordhow we know
Decided 1879-12-05
Cited by 4 later decisions — most recently March 1921
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 The question whether Mr. Angelí was the tenant, or the servant, of his wife, was a question of fact; and on that question there was no presumption of law transferring the burden of proof from the state to the defendant. If the contrary rule is laid down in Albin v. Lord, 39 N. H. 196, 205, it cannot be sustained. Bickford v. Dane, 58 N. H. 185; Noyes v. Hemphill, 58 N. H. 536; State v. Hodge, 50 N. H. 510; Savings-Bank v. Getchell, ante, 281.
¶2 Verdict set aside.