STATE v. CALDRAIN

No. 6886

115 N.H. 390 (1975)

STATE OF NEW HAMPSHIRE v. ARMAND J. CALDRAIN

Supreme Court of New Hampshire

July 31, 1975


Attorney(s) appearing for the Case

Wescott, Millham & Dyer and Gary P. Westergren (Mr. Westergren orally) for the defendant.

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


GRIFFITH, J.

The defendant was convicted in a trial by jury of breaking and entering a dwelling house in the nighttime with intent to commit rape. RSA 583-A:2, :3 (Laws 1967, 190:1, effective until November 1, 1973; see RSA 635:1). The Trial Court, Loughlin, J., reserved and transferred defendant's exceptions. The principal exception relied upon by the defendant is to the failure of the trial court to charge the jury that they might consider the effect...

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