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STATE v. SMITH

No. 79-042.

119 N.H. 674 (1979)

THE STATE OF NEW HAMPSHIRE v. JAMES A. SMITH

Supreme Court of New Hampshire.

August 20, 1979

Attorney(s) appearing for the Case

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

Dunn & Hilliard, of Concord (Russell F. Hilliard orally), for the defendant.

BOIS, J.

This reserved case requires us to decide whether the superior court has either the statutory authority or inherent common law power to suspend a portion of the defendant's sentence to life imprisonment for first degree murder under RSA 630:1-a III. We hold that the superior court has neither in this instance.

The defendant was convicted of first degree murder, RSA 630:1-a I, and began serving a life sentence...

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