Cited by

Opinions in New Hampshire that cite State v. Berry, 373 A.2d 355.

13 citing documents.

  • State v. White 765 A.2d 156 N.H. 2000
    circumstances akin to duress or coercion.” The defendant challenges this decision because the former boyfriend “testified at [the neighbor’s] trial that the recantation did not result from any coercion.” Notwithstanding this testimony, the trial court could have reasonably found, based on the transcript of.the former, boyfriend’s testimony, that he was in fact coercing the older victim to recant.
  • State v. Lurvey 508 A.2d 1074 N.H. 1986
    State v. Berry, 117 N.H. 352, 354-55, 373 A.2d 355, 357 (1977); State v. Harkeem, 97 N.H. at 510, 92 A.2d at 907-08.
  • State v. Meekins 508 A.2d 1048 N.H. 1986
    These inconsistencies in the testimony were for the jury to resolve.
  • State v. LaRose 497 A.2d 1224 N.H. 1985
    Their recollection of the events of the day of the attack was generally uncontradicted; nevertheless, the jury was entitled to reject testimony if it so chose, State v. Goupil, supra at 859, 451 A.2d at 1286, or to resolve conflicts in the evidence against them, State v. Sliz, 124 N.H. 389, 391, 469 A.2d 1357, 1359 (1983); State v. Berry, 117 N.H. 352, 355, 373 A.2d 355, 357 (1977).
  • State v. Wong 486 A.2d 262 N.H. 1984
    We are, of course, bound by the established principle that conflicting testimony is for the jury to resolve.
  • State v. Mayo 480 A.2d 85 N.H. 1984
    te that although the trial court in this case refused to instruct the jury explicitly on its prerogative to acquit the defendant, even if the State had successfully proven each element of *204 its case beyond a reasonable doubt, it did not prevent defense counsel from presenting to the jury the possibility of jury nullification, nor did its charge negate defense counsel’s statements on this issue.
  • Followed State v. Sliz 469 A.2d 1357 N.H. 1983
    In our examination of the trial court record, we are bound by the established principle that conflicting testimony is for the jury to resolve.
  • State v. Taylor 431 A.2d 775 N.H. 1981
    We have held that, in reviewing a trial court’s refusal to set aside a verdict based on the insufficiency of the evidence, “this court must consider the evidence in the light most favorable to the State, which is entitled to all reasonable inferences that arise from the evidence (citations omitted).” State v. Goodwin, 118 N.H. 862, 866, 395 A.2d 1234, 1236 (1978); State v. Berry, 117 N.H. 352, 355, 373 A.2d 355, 358 (1977).
  • State v. Rullo 412 A.2d 1009 N.H. 1980
    Moreover, the State is entitled to the benefit of all reasonable inferences that arise from the evidence.
  • State v. Noel 404 A.2d 290 N.H. 1979
    In addition, the State is entitled to all reasonable inferences that arise from the evidence.
  • Goodrow v. Perrin 403 A.2d 864 N.H. 1979
    State v. Berry, 117 N.H. 352, 373 A.2d 355 (1977); State v. Davis, 108 N.H. 158, 229 A.2d 842 (1967); Nelson v. Moriarty, 484 F.2d 1034 (1st Cir. 1973).
  • State v. Goodwin 395 A.2d 1234 N.H. 1978
    In reviewing a trial court’s denial to set aside the verdict based on the insufficiency of the evidence, “this court must consider the evidence in the light most favorable to the State, which is entitled to all reasonable inferences that arise from the evidence.” State v. Berry, 117 N.H. 352, 355, 373 A.2d 355, 357 (1977); see State v. Breest, 116 N.H. 734, 741, 367 A.2d 1320, 1326 (1976).
  • State v. Dupuy 395 A.2d 851 N.H. 1978
    most favorably to the State,” State v. Breest, 116 N.H. 734, 741, 367 A.2d 1320, 1326 (1976); “the defendant must show that the evidence viewed in its entirety, giving the State the benefit of all reasonable inferences, was insufficient to prove beyond a reasonable doubt that he was guilty of the crime charged.” State v. Casey, 113 N.H. 19, 19, 300 A.2d 325, 326 (1973); accord, State v. Berry, 117 N.H. 352, 355, 373 A.2d 355, 357 (1977).