STATE v. SHEEDY

No. 83-084.

125 N.H. 108 (1984)

THE STATE OF NEW HAMPSHIRE v. SEAN D. SHEEDY.

Supreme Court of New Hampshire.

July 2, 1984.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Donald J. Perrault, assistant attorney general, on the brief and orally), for the State.

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


DOUGLAS, J.

The defendant was convicted of "wilfully intercepting" telephone conversations in violation of RSA 570-A:2, I (Supp. 1983). He appeals his conviction on several grounds, including the failure of the Trial Court (Souter, J.) to permit the presentation of an affirmative defense to the jury. We reverse and remand for a new trial.

The operative facts are not in dispute. During portions of 1980 and 1981 the defendant was an employee of New England...

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