¶1 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.
¶2 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.
¶3 Exceptions overruled. *512
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Case posture Posture INDICTMENT, for murder in the first degree. Trial by jury and verdict of guilty, with capital punishment.
The state's evidence tended to prove that the defendant, on Sunday evening, February 5, 1933, killed Joseph Trudeau by striking him over the head with a black jack. Trudeau was working in Hersey's bakery at the corner of Daniel and Penhallow streets in Portsmouth. Blood stains on the linoleum which covered the floors of the bakery indicated that the body had been dragged from the front door through the wrapping room, so-called, to the oven room, where it was found. The defendant's shoes had rubber heels on which was stamped
a trademark consisting of a shield and the word Regent. There were also distinctive marks on the soles of the shoes. The footprints on the blood-stained linoleum matched the soles and heels of these shoes.
The alleged motive was robbery. Trudeau had had money that afternoon, but neither his money nor his pocketbook was found on his person after his death, and the pockets of his trousers were turned inside out. The defendant had no money at six o'clock that night and begged his supper from a stranger. The crime was committed shortly before seven o'clock. A half hour later the defendant entered the office of a motor-bus line and purchased a ticket to Boston.
He arrived in Lynn, Massachusetts, at 12:30 that night and hired a room in a lodging house where he had previously roomed, paying the rent in advance. He made numerous purchases the next day, and when he was arrested, three days later, he had about thirteen dollars in his possession. A black jack, which he admitted owning, was found in his room. His shoes had been recently polished, but a chemical analysis revealed blood on one of the shoestrings. There were also blood spots on the cuffs and legs of his trousers. Further facts appear in the opinion.
Exceptions were taken to various orders and rulings of the court, to the admission and exclusion of evidence, to the attorney-general's argument to the jury, and to the charge. The presiding justice declined to instruct the jury concerning the lesser degrees of homicide on the ground that the request for this instruction was not made until the close of the arguments. Rule 52, 78 N.H. 697 .
A bill of exceptions was allowed by James, J. Source: CourtListener
