STATE v. AUBERT

No. 80-005.

120 N.H. 634 (1980)

THE STATE OF NEW HAMPSHIRE v. JEAN M. AUBERT

Supreme Court of New Hampshire.

September 17, 1980.


Attorney(s) appearing for the Case

Gregory H. Smith, acting attorney general (Brian T. Tucker, attorney, orally), for the State.

Fisher, Parsons & Moran, of Dover (Robert E. Fisher orally), for the defendant.


DOUGLAS, J.

The principal issue in this case is whether the trial court's jury instruction and failure to grant an instruction constituted reversible error. We hold that it did.

On the evening of December 31, 1978, Armand Aubert, the defendant's husband, attended a New Year's Eve party at a neighbor's home. At approximately 11:15 p.m., the defendant, Jean Aubert, arrived at the party. The defendant carried with her a .38 caliber revolver. She pointed the weapon...

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