Cited by
Opinions in New Hampshire that cite State v. Gilbert, 348 A.2d 713.
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State of New Hampshire v. Travis Lewis
N.H. 2017
“To establish a prima facie case of conspiracy, the State is not required to demonstrate an explicit agreement among the conspirators.” State v. Gilbert, 115 N.H. 665, 667 (1975).
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State v. Rodriguez
64 A.3d 962
N.H. 2013
To find a defendant guilty of criminal conspiracy, the jury must find that he agreed — even tacitly, State v. Gilbert, 115 N.H. 665, 667 (1975) — to bring about each element of the underlying offense.
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State v. Brooks
34 A.3d 643
N.H. 2011
*577 We have previously held that “[t]o establish a prima facie case of conspiracy, the State is not required to demonstrate an explicit agreement among the conspirators.” State v. Gilbert, 115 N.H. 665, 667 (1975).
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State v. Favreau
592 A.2d 1136
N.H. 1991
Although it is well settled in this State that a criminal conviction can be based on circumstantial evidence, State v. Gilbert, 115 N.H. 665, 667, 348 A.2d *343 713, 715 (1975), “we cannot say that the jury may not have drawn entirely different inferences from all the evidence than they would have drawn if the hearsay evidence had not been admitted.” State v. Ruelke supra.
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State v. Comley
546 A.2d 1066
N.H. 1988
Looking at the evidence “in the light most favorable to the State with all reasonable inferences therefrom,” State v. Linsky, 117 N.H. 866, 872-73, 379 A.2d 813, 818 (1977) (quoting State v. Gilbert, 115 N.H. 665, 666, 348 A.2d 713, 714 (1975), itself quoting State v. Canney, 112 N.H. 301, 303, 294 A.2d 382, 383 (1972)), we conclude that the record reveals sufficient evidence to sustain the defendant’s conviction.
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State v. Kilgus
519 A.2d 231
N.H. 1986
RSA 629:3, I. We have held in the past that “[a] tacit understanding between the parties to cooperate in an illegal course of conduct wjll warrant a conviction for conspiracy.” State v. Gilbert, 115 N.H. 665, 667, 348 A.2d 713, 715 (1975).
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State v. Bemis
503 A.2d 789
N.H. 1985
We have often stated that in reviewing the sufficiency of evidence which led to a conviction the evidence must be considered ‘“in the light most favorable to the State with all reasonable inferences therefrom.’” State v. Holt, 124 N.H. 645, 647, 474 A.2d 1031, 1033 (1984) (quoting State v. Gilbert, 115 N.H. 665, 666, 348 A.2d 713, 714 (1975)).
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State v. Holt
474 A.2d 1031
N.H. 1984
“[o]n review, the evidence must be considered ‘in the light most favorable to the State with all reasonable inferences therefrom.’” State v. Gilbert, 115 N.H. 665, 666, 348 A.2d 713, 714 (1975) (quoting State v. Canney, 112 N.H. 301, 303, 294 A.2d 382, 383 (1972)).
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State v. Boone
406 A.2d 113
N.H. 1979
State v. Noel, 119 N.H. 522, 404 A.2d 290 (1979); State v. Gilbert, 115 N.H. 665, 667, 348 A.2d 713, 715 (1975), and the motion was therefore properly denied.
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State v. Dupuy
395 A.2d 851
N.H. 1978
“It is well settled in this State that a criminal conviction can be based on circumstantial evidence where ‘all of the factors and circumstances’ in evidence are sufficient for a reasonable juror, properly instructed, to find guilt beyond a reasonable doubt.” State v. Gilbert, 115 N.H. 665, 667, 348 A.2d 713, 715 (1975) (citations omitted), quoting State v. Greely, 115 N.H. 461, 468, 344 A.2d 12, 17 (1975).
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State v. Theodore
392 A.2d 122
N.H. 1978
Since direct evidence of a conspiracy is often difficult to obtain, the existence of a conspiracy frequently must be proved, if at all, by attendant circumstances.” State v. Gilbert, 115 N.H. 665, 667, 348 A.2d 713, 715 (1975).
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State v. Linsky
379 A.2d 813
N.H. 1977
“On review, the evidence must be considered in the light most favorable to the state with all reasonable inferences therefrom.” State v. Gilbert, 115 N.H. 665, 666, *873 348 A.2d 713, 714 (1975); In re Joyce, 506 F.2d 373 (5th Cir. 1975).
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State v. Belkner
374 A.2d 938
N.H. 1977
It is well settled in this state that when reviewing evidence for the purposes of a motion to dismiss, the evidence must be taken “ ‘in the light most favorable to the State with all reasonable inferences therefrom.’ State v. Canney, 112 N.H, 301, 303, 294 A.2d 382, 383 (1972).” State v. Gilbert, 115 N.H. 665, 666, 348 A.2d 713, 714 (1975).
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State v. Berry
373 A.2d 355
N.H. 1977
In passing on this question the evidence must be considered in the light most favorable to the state, which is entitled to all reasonable inferences from it.
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State v. Colby
368 A.2d 587
N.H. 1976
ned and warned by Colby and Martineau against complaining to the authorities, and the membership of both defendants and the principals in the murder in the Die Hards, a motorcycle club with a philosophy and modus operandi intended to emulate the more notorious “Hell’s Angels.” The record thus indicates sufficient independent evidence of the conspiracy to render the contested statements admissible.
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State v. Breest
367 A.2d 1320
N.H. 1976
State v. Reed, 114 N.H. 377, 379-80, 321 A.2d 581, 583 (1974); State v. Gilbert, 115 N.FI.
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State v. Ruelke
366 A.2d 497
N.H. 1976
Although we hold that the other evidence which is circumstantial, as evidence in conspiracy cases often must be, State v. Gilbert, 115 N.H. 665, 348 A.2d 713 (1975), would support a guilty verdict, it barely meets the minimum standard.