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STATE v. DUPUY

No. 78-159.

118 N.H. 848 (1978)

THE STATE OF NEW HAMPSHIRE v. CAROLYN JEAN DUPUY.

Supreme Court of New Hampshire.

December 6, 1978.

Attorney(s) appearing for the Case

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

Emmanual Krasner, of Farmington, and Sue Ann Shay, of Hartford, Connecticut (Mr. Krasner orally), for the defendant.

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

GRIMES, J.

This is a criminal trespass case under RSA 635:2 arising from the May 1977 occupation of the Seabrook Nuclear Power Plant site. The reserved case presents essentially two issues: whether the trial court erred in denying defendant's motions for dismissal and for a directed verdict on the grounds of insufficient evidence; and whether the court erred in its charge to the jury regarding the elements of the alleged...

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