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STATE v. GREGOIRE

Nos. 7925, 7926 and 7927.

118 N.H. 140 (1978)

THE STATE OF NEW HAMPSHIRE v. GEORGE GREGOIRE THE STATE OF NEW HAMPSHIRE v. RICHARD E. SHUTE, JR. THE STATE OF NEW HAMPSHIRE v. VIKTOR NOVOSEL

Supreme Court of New Hampshire.

March 10, 1978.

Attorney(s) appearing for the Case

David H. Souter, attorney general (James L. Kruse orally), for the State.

James E. Duggan, Jeffrey A. Swillinger, and New Hampshire Legal Assistance by Bjorn Lange, of Concord (Mr. Duggan orally), for the defendant George Gregoire.

James R. Anderson, of Pittsfield (James E. Duggan, of Concord, orally), for the defendant Richard E. Shute, Jr.

Carroll F. Jones and James Burke, of Concord (Mr. Jones orally), for the defendant Viktor Novosel.

BOIS, J.

Three appeals challenging the preponderance of the evidence standard of proof in criminal recommitment hearings mandated by RSA 651:11-a (Supp. 1975), as amended by Laws 1977, 180:1.

On March 7, 1974, George Gregoire entered a plea of not guilty by reason of insanity to charges of lascivious acts, RSA 579:9 (repealed November 1, 1973), and statutory rape, RSA 585:16 (repealed November 1, 1973). After a hearing Gregoire was found to be a dangerous...

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