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STATE v. FEE

No. 84-028.

126 N.H. 78 (1985)

THE STATE OF NEW HAMPSHIRE v. ROBERT L. FEE.

Supreme Court of New Hampshire.

February 13, 1985.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (John A. Malmberg, assistant attorney general, on the brief), by brief for the State.

Richard G. Smith, of Jaffrey, by brief for the defendant.

DOUGLAS, J.

The defendant was convicted in Superior Court (Contas, J.) of driving while under the influence of intoxicating liquor. RSA 265:82. In this appeal, we are asked only to determine whether the trial court erred in finding that the defense of competing harms was unavailable to the defendant. We find no error and affirm.

The burglar alarm at the Village Pharmacy in Jaffrey was activated on November 19...

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