STATE v. BUTLER

No. 7721.

117 N.H. 888 (1977)

THE STATE OF NEW HAMPSHIRE v. JAMES H. BUTLER

Supreme Court of New Hampshire.

October 31, 1977.


Attorney(s) appearing for the Case

David H. Souter, attorney general, and Robert V. Johnson II, assistant attorney general (Mr. Johnson orally), for the state.

James E. Duggan, of Manchester, public defender, by brief and orally, for the defendant.


GRIMES, J.

The issues in this rape case are whether defendant's confession given after he had requested counsel should have been excluded, and whether the trial court erred in ruling that defendant opened the way for the admission of a previously excluded identification of the defendant by the complaining witness.

Defendant was indicted for rape, RSA 632:1 (Repl. 1974), and deviate sexual relations, RSA 632:2 (Repl. 1974), alleged to have been committed on...

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