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MARTINEAU v. PERRIN

No. 78-240. No. 79-020. No. 79-007.

119 N.H. 529 (1979)

FREDERICK J. MARTINEAU v. EVERETT I. PERRIN, JR., WARDEN, NEW HAMPSHIRE STATE PRISON CLIFFORD E. AVERY v. SAME. ROBERT BREEST v. SAME.

Supreme Court of New Hampshire.

July 11, 1979.

Attorney(s) appearing for the Case

Nardi & Robbins, of Concord (Arthur E. Robbins orally), and Frederick J. Martineau and Robert Breest, pro se, by brief.

William P. Shea, of Sanbornville (Edward J. Mertens orally), and Clifford E. Avery, pro se, by brief.

Thomas D. Rath, attorney general (Richard B. Michaud, assistant attorney general, orally), for the defendant.

PER CURIAM.

The plaintiffs, in their habeas corpus petitions, seek to set aside murder convictions on the grounds that the reasonable doubt instructions given to the juries were unconstitutional. We deny the petitions because the plaintiffs did not comply with the longstanding New Hampshire procedural requirement that objections and exceptions be taken at trial to preserve issues for subsequent appeal and post-conviction...

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