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STATE v. WENTWORTH

No. 78-149.

118 N.H. 832 (1978)

THE STATE OF NEW HAMPSHIRE v. MARK C. WENTWORTH.

Supreme Court of New Hampshire.

December 6, 1978.

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general, John C. Boeckler, Richard B. McNamara, Richard B. Michaud and Peter W. Heed, assistant attorneys general, and Peter W. Mosseau, attorney, by brief, for the State.

Upton, Sanders & Smith, of Concord, and Eric D. Blumenson, of Boston (Robert Upton II orally), for the defendant.

H. Jonathan Meyer, of Concord, by brief and orally, for the New Hampshire Civil Liberties Union, amicus curiae.

GRIMES, J.

This criminal trespass case presents important issues concerning jury instructions on reasonable doubt, the supervisory function of this court over the trial courts of New Hampshire, and jury instructions on the elements of criminal trespass under RSA 635:2. Defendant raises four questions. This opinion, however, deals with only three; the fourth is fully addressed in the companion case of State v. Dorsey, 118 N.H. 844

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