STATE v. RICHARDS

No. 86-384.

129 N.H. 669 (1987)

THE STATE OF NEW HAMPSHIRE v. STEVEN RICHARDS

Supreme Court of New Hampshire.

August 17, 1987.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Barbara R. Keshen, assistant attorney general, on the brief, and Robert B. Muh, assistant attorney general, orally), for the State.

Kinghorn, Maynard, Craighead & Dionne P.A., of Nashua (Rodkey Craighead, Jr., on the brief and orally), for the defendant.


PER CURIAM.

In this case, we reverse the defendant's conviction of dispensing a narcotic drug in violation of RSA 318-B:2. The trial court's failure to investigate the validity of the fifth amendment claim of privilege asserted by the defendant's sole witness violated the defendant's right to a fair trial under the New Hampshire Constitution.

On January 18, 1985, James Brackett, Stephen Doyle, and Robert Grondin entered an apartment at 281 Central Street in...

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