DocketNumber: No. 6190
Citation Numbers: 111 N.H. 249
Judges: Griffith
Filed Date: 6/30/1971
Status: Precedential
Modified Date: 9/9/2022
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
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.