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THE STATE OF NEW HAMPSHIRE v. MICHAEL McGANN

Appeal and Error — Findings — Supporting Evidence It is the fact-finder's function to weigh conflicting evidence and to assess its credibility, and where the evidence supported the trial court's findings to determine ownership of an automobile, the decision of the trial court would be affirmed.

MEMORANDUM OPINION

The defendant asserts that the evidence adduced at trial was insufficient to allow the Superior Court (Dunfey, C.J.) to determine ownership of a 1979 Ford Thunderbird automobile. The court was presented with conflicting evidence regarding the vehicle identification number and other matters. It is the fact-finder's function to weigh conflicting evidence and to assess its credibility. New Hampshire Supply Co. v. Steinberg, 121 N.H. 506, 509, 433 A.2d 1247, 1249 (1981); see Streit v. Callahan, 122 N.H. 244, 444 A.2d 495 (1982). There is evidence in the record to support the trial court's findings. See New Hampshire Supply Co. v. Steinberg, 121 N.H. at 510, 433 A.2d at 1249.

Affirmed.

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STATE v. McGANN
(Jun 11, 1982)