Cited by

The defendant “need not have personally engaged in the actual acts of physical violence to be prosecuted for a class B felony under RSA 644:1, IV.” State v. Belkner, 117 N.H. 462, 467-68 (1977).

Neither the State nor the Federal Constitution “prohibits trial courts from defining reasonable doubt” or “requires them to do so as a matter of course.” Victor v. Nebraska, 511 U.S. 1, 5 (1994); see State v. Belkner, 117 N.H. 462, 471 (1977); State v. Slade, 116 N.H. 436, 439 (1976).

“In determining the effect of this instruction on the validity of respondent’s conviction, we accept at the outset the well-established proposition that a single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.” Cupp v. Naughten, 414 U.S. 141, 146-47 (1973), adopted in State v. Belkner, 117 N.H. 462, 471 (1977).

2009); State v. Belkner, 117 N.H. 462, 468-69 (1977) (upholding trial court’s admission of defendant’s threats against witness where defendant conceded that such threats were admissible against defendant).

In any event, closing arguments are intended to persuade the jury to adopt one party’s view of the evidence and are not considered statements of fact.

“A single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.” State v. Belkner, 117 N.H. 462, 471, 374 A.2d 938, 944 (1977) (quoting Cupp v. Naughten, 414 U.S. 141, 146-47 (1973)).

State v. Donovan, 120 N.H. 603, 609, 419 A.2d 1102, 1106 (1980); State v. Belkner, 117 N.H. 462, 471, 374 A.2d 938, 944 (1977) (quoting Cupp v. Naughten, 414 U.S. 141, 146-47 (1973)).

State v. Belkner, 117 N.H. 462, 469, 374 A.2d 938, 942 (1977); State v. Martineau, 116 N.H. 797, 798, 368 A.2d 592, 594 (1976).

The burden never shifts to the defendant.” When viewed in the context of the overall charge, these instructions “conveyed the correct concept of reasonable doubt.” State v. Belkner, 117 N.H. 462, 471, 374 A.2d 938, 944 (1977).

State v. Belkner, 117 N.H. 462, 374 A.2d 938 (1977); State v. Martineau, 116 N.H. 797, 368 A.2d 592 (1976); 2 J. Wigmore, Evidence §§ 273, 277, 278 (3d ed. 1940).

In so doing, we must view the evidence, and any reasonable inferences which may be drawn from it, in the light most favorable to the State.

A specific objection would have allowed the trial court to correct any error that may have been made.

State v. Belkner, 117 N.H. 462, 374 A.2d 938 (1977); Bothwick v. LaBelle supra.

The issue was briefed, argued, and decided adversely to him by this court in Dunn’s direct appeal in State v. Belkner, & a., 117 N.H. 462, 374 A.2d 938 (1977).

State v. Belkner, 117 N.H. 462, 467, 374 A.2d 938, 941 (1977); State v. O’Neil, 105 N.H. 15, 16, 191 A.2d 528, 529 (1963).

In the cases of State v. Black, 116 N.H. 836, 368 A.2d 1177 (1976), and State v. Belkner, 117 N.H. 462, 374 A.2d 938 (1977), this court refused to find reversible error in jury instructions containing, among others, the questioned definition of reasonable doubt.