STATE v. PHINNEY

No. 7532

117 N.H. 145 (1977)

STATE OF NEW HAMPSHIRE v. JAMES E. PHINNEY, JR.

Supreme Court of New Hampshire.

February 28, 1977.


Attorney(s) appearing for the Case

David H. Souter, attorney general and Richard B. Michaud (Mr. Michaud orally) for the state.

John F. Cullity, of Manchester, and Raymond A. Burgess (Mr. Burgess orally) for the defendant.


GRIMES, J.

The issues in this appeal from a conviction for arson are whether certain confessions should have been excluded as being involuntary and whether the trial court erred in using the preponderance standard in initially passing upon the admissibility of the confessions. We hold that the confessions were not inadmissible as a matter of law but that the trial court should have used the reasonable doubt test in determining admissibility of the confessions.

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