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STATE v. TRACEY

No. 4488.

100 N.H. 267 (1956)

STATE v. MILTON E. TRACEY.

Supreme Court of New Hampshire.

Decided July 6, 1956.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Elmer T. Bourque, Assistant Attorney General and Conrad Danais, county solicitor (Mr. Bourque orally), for the State.

Robert J. Doyle (by brief and orally), for the defendant.

KENISON, C. J.

This is a test case to determine whether evidence obtained by wire-tapping is admissible in state criminal prosecutions and is a case of first impression in this jurisdiction. The only relevant state statutory provision is RSA 572:3, which makes it a felony to injure, destroy or damage any ". . . wires or other materials or fixtures . . ." of any public utility. Similar statutes have been uniformly construed as applicable only to damage or injury to...

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