STATE v. HEWITT

No. 85-517.

128 N.H. 557 (1986)

THE STATE OF NEW HAMPSHIRE v. PAUL HEWITT

Supreme Court of New Hampshire.

October 2, 1986.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Andrew W. Serell, attorney, on the brief), by brief for the State.

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


SOUTER, J.

The Superior Court (O'Neil, J.) denied the defendant's motion to set aside a verdict of guilty rendered by an eleven-person jury panel. In this appeal, the defendant maintains that he did not waive his right to be tried before a jury of twelve as guaranteed by part I, article 15 of the Constitution of New Hampshire. We hold that there is no sufficient record of waiver and reverse.

The defendant was prosecuted on two counts of forgery. Neither...

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