STATE v. EBELT

No. 79-428.

121 N.H. 143 (1981)

THE STATE OF NEW HAMPSHIRE v. ROBERT D. EBELT.

Supreme Court of New Hampshire.

March 11, 1981.


Attorney(s) appearing for the Case

Gregory H. Smith, acting attorney general (Brian L. Tucker, attorney, on the brief and Paul J. Barbadoro, attorney, orally), for the State.

Judith M. Kasper, Grafton County Public Defender, by brief and orally, for the defendant.


DOUGLAS, J.

[1] This case presents two questions: (1) whether, in a statutory rape case, a birth certificate is admissible as evidence of the prosecutrix's age when the prosecutor fails to show that the prosecutrix is the person named in the certificate, and (2) whether the prosecutrix's testimony as to her own age is admissible when her knowledge is based solely on that birth certificate. We hold that under such circumstances neither the birth certificate nor the...

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