STATE v. FLEMING

No. 82-367.

125 N.H. 238 (1984)

THE STATE OF NEW HAMPSHIRE v. PETER FLEMING.

Supreme Court of New Hampshire.

July 26, 1984.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Paul J. Barbadoro, 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.


PER CURIAM.

Two issues are presented for our determination in this case. The first is whether a Trial Court's (Nadeau, J.) instructions to a jury on an indictment for second-degree murder must include an explanation of the term "malice aforethought." The second is whether the trial court erred in sentencing the defendant to pay $36,000 in restitution to the victim's family. We hold that the use of the term "malice aforethought" is not required in a jury charge...

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