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STATE v. NELSON

No. 4922.

103 N.H. 478 (1961)

STATE v. RUSSELL NELSON & a.

Supreme Court of New Hampshire.

Decided November 30, 1961.

Attorney(s) appearing for the Case

Gardner C. Turner, Attorney General; Elmer T. Bourque, Assistant Attorney General; Conrad Danais, county attorney (Mr. Turner and Mr. Bourque orally), for the State.

Leonard & Leonard and Leo Patrick McGowan (of Rhode Island) (Mr. Richard Leonard and Mr. McGowan orally), for defendant Nelson.

Julius H. Soble (of Massachusetts) (by brief and orally), for defendant Martineau.

WHEELER, J.

There was evidence from which the jury could find the following facts: On February 9, 1959, just before noon, the body of Maurice Gagnon was found in the front seat of his white Cadillac automobile in a parking lot in Nashua. The body was lying on the front seat on its left side with the head under the steering wheel. A bullet later found in the brain had been discharged from a gun held not more than five inches from the left ear. Death could have occurred...

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