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STATE v. HOLLER

No. 81-395.

123 N.H. 195 (1983)

THE STATE OF NEW HAMPSHIRE v. EDGAR HOLLER.

Supreme Court of New Hampshire.

March 28, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Paul Barbadoro and Richard C. Nelson, assistant attorneys general, on the brief, and Mr. Barbadoro orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.

BOIS, J.

The defendant, Edgar Holler, was indicted for the second-degree murder of his wife. Following a bifurcated jury trial in Superior Court (Wyman, J.), he was found to have been sane and guilty of manslaughter. Novosel v. Helgemoe, 118 N.H. 115, 125, 384 A.2d 124, 130 (1978). He appeals his conviction on the following grounds: (1) that the gun used in the killing was the...

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