STATE v. TIMBURY

No. 6875.

114 N.H. 763 (1974)

STATE OF NEW HAMPSHIRE v. JOHN W. TIMBURY. STATE OF NEW HAMPSHIRE v. MAX WELCH.

Supreme Court of New Hampshire.

November 29, 1974.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Gregory H. Smith, attorney (Mr. Smith orally), for the State.

David B. Shepatin, by brief and orally, for the defendants.


GRIMES, J.

The single issue in this case is whether the instructions to the jury regarding what constitutes a dwelling house were insufficient.

Defendant Welch was indicted for burning on June 28, 1972, a dwelling house owned by the defendant Timbury, and defendant Timbury was indicted for procuring the burning of the same premises, both in violation of RSA 584:1. A violation of RSA 584:1 relating to burning of dwelling houses carries a maximum penalty of...

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