New Hampshire v. Merritt

Kevin Merritt (defendant) and his girlfriend used two stolen credit cards to make purchases at several stores in one day, with Higgins handing over the cards and signing the slips each time while Merritt stayed nearby. At Jordan Marsh, the only evidence was that Merritt was present while Higgins bought jewelry. At American Eagle and three jewelry stores, sales clerks testified Merritt did the talking, selected or helped select the items purchased (including boots and a diamond ring), and effectively distracted staff while Higgins paid. New Hampshire (plaintiff) indicted Merritt on four counts of fraudulent credit-card use on an accomplice theory, and a jury convicted him on all four; Merritt appealed the sufficiency of the evidence.