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STATE v. FARROW

Nos. 7731, 7821.

118 N.H. 296 (1978)

THE STATE OF NEW HAMPSHIRE v. GARY S. FARROW. THE STATE OF NEW HAMPSHIRE v. JAMES SMITH.

Supreme Court of New Hampshire.

April 28, 1978.

Attorney(s) appearing for the Case

Russell F. Hilliard and Ernest T. Smith, III, of Concord (Ernest T. Smith, III orally), for Gary S. Farrow.

Dunn & Hilliard, of Concord (Russell F. Hilliard orally), for James Smith.

David H. Souter, attorney general (Peter W. Heed, assistant attorney general orally), for the State.

DOUGLAS, J.

The primary challenge of defendants in these cases is to the power of the legislature to prescribe the penalty of life imprisonment without possibility of parole for first-degree murder. In order to be convicted of first-degree murder a person must have purposely caused the death of another, that is "that the actor's conscious object is the death of another, and that his act or acts in furtherance of that object were deliberate and premeditated." RSA 630...

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