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STATE v. ALLARD

No. 82-136.

123 N.H. 209 (1983)

THE STATE OF NEW HAMPSHIRE v. DOUGLAS ALLARD.

Supreme Court of New Hampshire.

March 28, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Deborah J. Cooper, deputy attorney general, on the brief, and Andrew Isaac, attorney, orally), for the State.

Cristiano, Kromphold, Green, McMahon & Heed, of Keene (Peter W. Heed on the brief and orally), for the defendant.

BATCHELDER, J.

Two questions are presented in this appeal from convictions of aggravated felonious sexual assault and first-degree assault: (1) whether a pre-arrest photographic lineup deprived the defendant of his due process rights because it was unnecessarily suggestive under the totality of the circumstances; and (2) whether a statement by the Trial Judge (Contas, J.) in his jury instructions diminished the State...

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