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STATE v. MARCOUX

No. 4648.

101 N.H. 294 (1958)

STATE v. ROBERT R. MARCOUX.

Supreme Court of New Hampshire.

Decided April 24, 1958.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General and Conrad Danais, county solicitor, for the State, furnished no brief.

Leonard and Leonard for the defendant.

LAMPRON, J.

A declaration made by a conspirator in furtherance of a conspiracy and prior to its termination may be used against the other conspirator. It is admitted on the theory that the declarant is the agent of the other and the admissions of one are admissible against the other. Delli Paoli v. United States, 352 U.S. 232, 237; State v. Clapp, 94 N.H. 62, 63; McCormick on Evidence 522.

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