STATE v. LISTER

No. 79-295.

119 N.H. 713 (1979)

THE STATE OF NEW HAMPSHIRE v. JOSEPH A. LISTER

Supreme Court of New Hampshire.

October 5, 1979.


Attorney(s) appearing for the Case

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

John A. Macoul, of Salem, and James M. Reams, of Exeter (John A. Macoul orally), for the defendant.


BROCK, J.

The Superior Court (Contas, J.) has transferred the following question of law to this court: "Where [a] defendant has voluntarily absented himself from criminal court proceedings for first-degree murder after completion of suppression hearings and selection, but not swearing, of five jurors, may [he] be tried in absentia?"

The defendant is charged with noncapital, first-degree murder and, until recently, has been in custody at the State...

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