STATE v. MERRILL

No. 82-539.

125 N.H. 479 (1984)

THE STATE OF NEW HAMPSHIRE v. MICHAEL MERRILL

Supreme Court of New Hampshire.

September 27, 1984.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Amy L. Ignatius, attorney, on the brief), by brief for the State.

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


SOUTER, J.

A jury found the defendant guilty of burglary, following a trial at which he did not testify. The defendant moved for declaration of mistrial on the ground that the prosecutor in his final argument improperly commented on the defendant's silence. The Superior Court (Goode, J.) denied the motion, subject to exception. We affirm.

The defendant objected to this portion of the prosecutor's argument:

"Only that [the defendant] went in...

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