STATE v. MARTINEAU

No. 6431.

112 N.H. 278 (1972)

STATE v. FREDERICK J. MARTINEAU & a.

Supreme Court of New Hampshire

July 24, 1972.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Henry F. Spaloss, assistant attorney general (Mr. Spaloss orally), for the State.

Leonard, Prolman, Prunier & Mazerolle (Mr. Richard W. Leonard orally) for Frederick J. Martineau and Russell Nelson.


LAMPRON, J.

Motion by the defendants Frederick Martineau and Russell Nelson to reduce to imprisonment for life the sentences of death imposed upon them on November 15, 1959, after a verdict of murder in the first degree returned by a jury with the added words "with capital punishment." RSA 585:4. The Trial Court (Loughlin, J.) transferred to this court without ruling the question whether it can so change such sentences.

It must be made clear at the...

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