Cited by
Opinions in New Hampshire that cite Poulin v. Provost, 319 A.2d 296.
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New Hampshire Ball Bearings, Inc. v. Jackson
969 A.2d 351
N.H. 2009
Trial judges, therefore, are charged with the duty to “state and explain to the jury ‘in clear and intelligible language the rules of law applicable to the ■ issues of fact upon which their verdict is to be based.’ ” Rawson v. Bradshaw, 125 N.H. 94, 99 (1984) (quoting Poulin v. Provost, 114 N.H. 263, 264 (1974)).
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State v. King
621 A.2d 921
N.H. 1993
“A trial judge’s primary duty in charging the jury is to clarify the issues of the case, and to assist the jury in understanding the questions to be resolved.” State v. Bird, 122 N.H. 10, 15, 440 A.2d 441, 443 (1982); see Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974).
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Broderick v. Watts
614 A.2d 600
N.H. 1992
Johnston v. Lynch, 133 N.H. 79, 89, 574 A.2d 934, 940 (1990); Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974).
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Great Lakes Aircraft Co. v. City of Claremont
608 A.2d 840
N.H. 1992
Instructions are adequate if, taken as a whole, “[they] fairly present[] the case to the jury in such a manner that no injustice was done to the legal rights of the litigants.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 298 (1974).
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Johnston v. Lynch
574 A.2d 934
N.H. 1990
A jury charge is adequate if, “taken as a whole, ‘it fairly presents] the case to the jury in such a manner that no injustice [is] done to the legal rights of the litigants.’” Rawson v. Bradshaw, 125 N.H. 94, 100, 480 A.2d 37, 41 (1984) (quoting Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974)).
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State v. Bundy
539 A.2d 713
N.H. 1988
State v. Brown, 128 N.H. 606, 615, 517 A.2d 831, 837 (1986); Poulin v. Provost, 114 N.H. 263, 265, 319 A.2d 296, 298 (1974).
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Daigle v. City of Portsmouth
534 A.2d 689
N.H. 1987
Thus, while the instructions could have been more comprehensive, and while timely and properly focused objections could have been helpful in suggesting appropriate detail, the charge was not misleading in emphasizing the disputed issue of intent, and we therefore see no reversible error.
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Stanley v. Walsh
517 A.2d 1189
N.H. 1986
“The general purpose of the trial court’s charge to the jury is to state and explain to them in clear and intelligible language the rules of law applicable to the issues of fact upon which their verdict is to be based.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974).
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State v. Brown
517 A.2d 831
N.H. 1986
It is elementary that a claim of erroneous jury instruction must be evaluated by reading the instruction in the context of the whole charge.
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Gagnon v. Crane
498 A.2d 718
N.H. 1985
Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974); Cyr v. Sanborn, 101 N.H. 245, 250, 140 A.2d 92, 96 (1958).
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Fletcher v. Kunze
480 A.2d 141
N.H. 1984
The purpose of the trial court’s charge is to state and explain to the jury, in clear and intelligible language, the rules of law applicable to the case.
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Rawson v. Bradshaw
480 A.2d 37
N.H. 1984
The general purpose of a trial court’s charge is to state and explain to the jury “in clear and intelligible language the rules of law applicable to the issues of fact upon which their verdict is to be based.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974); Cyr v. Sanborn, 101 N.H. 245, 250, 140 A.2d 92, 96 (1958).
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Bernier v. Demers
427 A.2d 514
N.H. 1981
Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297-98 (1974); Faust v. General Motors Corp., supra at 686, 377 A.2d at 889.
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Belleau v. Hopewell
411 A.2d 456
N.H. 1980
Kennedy v. Ricker, 119 N.H. 826, 409 A.2d 778 (1979); Poulin v. Provost, 114 N.H. 263, 319 A.2d 296 (1974).
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Kennedy v. Ricker
409 A.2d 778
N.H. 1979
In deciding such a claim, we inquire whether the charge, as given, adequately set out the applicable law.
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Faust v. General Motors Corp.
377 A.2d 885
N.H. 1977
The test of the adequacy of the charge is whether it fairly presented the case to the jury in such a manner that no injustice was done to the legal rights of the litigants.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974) (citations omitted).
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State v. Colby
368 A.2d 587
N.H. 1976
An examination of the charge as a whole indicates that the jury were properly instructed “in clear and intelligible language [explaining] the rules of law applicable to the issues of fact upon which their verdict [was] to be based.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974).
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Pridham v. Cash & Carry Building Center, Inc.
359 A.2d 193
N.H. 1976
Viewing the record and the charge as a whole we hold that the defendant did not suffer any prejudice from the alleged shortcomings of the charge.
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Ackerman v. March
352 A.2d 717
N.H. 1976
We hold that the charge presented the case to the jury in such a manner that no injustice was done to the legal rights of the plaintiffs.
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Remillard v. New England Telephone Co.
349 A.2d 588
N.H. 1975
West v. Railroad, 81 N.H. 522, 533, 129 A. 768, 773 (1925); Davis v. State, 94 N.H. 321, 52 A.2d 793 (1947); Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 297 (1974).
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Simon v. Same
340 A.2d 101
N.H. 1975
“The issue presented is whether the charge as a whole was such that it may have led the jury to return wrong verdicts.” Poulin v. Provost, 114 N.H. 263, 264, 319 A.2d 296, 298 (1974).
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Born v. Kenneth Hudson, Inc.
323 A.2d 917
N.H. 1974
Poulin v. Provost, *539 114 N.H. 263, 319 A.2d 296 (1974); Quint v. Porietis, 107 N.H. 463, 225 A.2d 179 (1966).