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STATE v. CUSHING

No. 78-249.

119 N.H. 147 (1979)

THE STATE OF NEW HAMPSHIRE v. ROBERT R. CUSHING, JR. & a.

Supreme Court of New Hampshire.

March 7, 1979.

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Peter W. Heed, assistant attorney general, orally), for the State.

Robert R. Cushing, Jr., of Seabrook, by brief and orally, pro se.

DOUGLAS, J.

This case concerns the constitutionality of Superior Court Rule 86, which requires the payment of an eight dollar fee to the superior court before a misdemeanor appeal from a district or municipal court may be tried by a jury under our de novo two-tier system. RSA 502-A:11; RSA ch. 599. Defendants were convicted in the Hampton District Court of criminal trespass and sentenced to confinement. They appealed to superior court, requesting trial by a jury of...

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