STATE v. DAYUTIS

No. 83-510

127 N.H. 101 (1985)

THE STATE OF NEW HAMPSHIRE v. DEAN DAYUTIS

Supreme Court of New Hampshire.

August 15, 1985


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Brian T. Tucker, assistant attorney general, on the brief and orally), for the State.

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


BROCK, J.

The defendant, Dean Dayutis, appeals his conviction of second degree murder and his sentencing by the Superior Court (Nadeau, J.). He raises five issues: first, that he is entitled to a mistrial because the prosecutor in his opening statement referred to evidence previously precluded by a court order; second, that the indictment should have been dismissed because the State did not present certain exculpatory evidence to the grand jury; third, that...

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