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State v. Blake

Supreme Court of New Hampshire Cheshire
Jun 30, 1971
279 A.2d 913 (N.H. 1971)

Opinion

No. 6190.

Decided June 30, 1971.

1. During the trial of two negroes charged with attempted larceny of an automobile, the testimony of an eyewitness that, on the day before the attempted larceny, he observed "two colored men" at the automobile lot and talked with one of them was relevant and probative, was not a denial of equal protection of the laws, and was no more prejudicial, under the circumstances, than the description by the eyewitness that the automobile in which the two men rode was "white."

Warren B. Rudman, Attorney General, and Henry F. Spaloss, Assistant Attorney General (Mr. Spaloss orally), for the State.

Cristiano Kromphold and Arthur L. Trombly (Mr. Trombly orally) for the defendants.


Defendants were convicted of attempted larceny of a 1963 black Cadillac automobile owned by Fairfield Motors Inc. During the trial Donald Secord, sales manager of Fairfield Motors, testified that the day before the crime he observed two colored men on Fairfield's lot where the Cadillac was kept and talked with one of them. He testified they used a small white or off-white car of Chrysler manufacture and that a Dodge is a Chrysler product. The defendants were both black and when arrested were using a white Dodge. Secord did not identify either of the defendants as being the men he had seen on that occasion. Defendants objected to the admission of this evidence and the denial of their motion for mistrial because of its admission. Defendants' exceptions to the admission of this evidence and the denial of their motions for mistrial were reserved and transferred by the Trial Court (Dunfey, J.).

Defendants do not deny the probative value of the evidence. See State v. Monteiro, 110 N.H. 95, 97, 261 A.2d 269, 271 (1970); United States v. Ravich, 421 F.2d 1196 (2d Cir. 1970). Defendants claim that reference to the two men as "colored" was unduly prejudicial and a denial of equal protection of the law and due process. No argument or authority is advanced in support of this claim and we reject it. The color of the men and the color of the car was relevant and admissible evidence. The description of the men as "colored" is no more prejudicial in these circumstances than the description of the car as "white."

Exceptions overruled.

All concurred.


Summaries of

State v. Blake

Supreme Court of New Hampshire Cheshire
Jun 30, 1971
279 A.2d 913 (N.H. 1971)
Case details for

State v. Blake

Case Details

Full title:STATE v. PHILLIP BLAKE ALFONSO SMITH

Court:Supreme Court of New Hampshire Cheshire

Date published: Jun 30, 1971

Citations

279 A.2d 913 (N.H. 1971)
279 A.2d 913