STATE v. MAYO

No. 83-473.

125 N.H. 200 (1984)

THE STATE OF NEW HAMPSHIRE v. ELVIN MAYO, JR.

Supreme Court of New Hampshire.

July 3, 1984.


Attorney(s) appearing for the Case

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

Joanne S. Green, assistant appellate defender, of Concord, by brief for the defendant.


KING, C.J.

The defendant appeals his conviction in Superior Court (Bean, J.) for possession of a controlled drug, subsequent offense. RSA 318-B:2 (Supp. 1981); RSA 318-B:26, I(b)(2) (Supp. 1981). The sole issue raised upon appeal is whether the trial court erred in denying the defendant's request for an instruction on jury nullification. We affirm.

The defendant was arrested in Portsmouth on March 19, 1983, on an outstanding capias issued by the Rockingham...

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