STATE v. SURETTE

No. 87-155.

130 N.H. 531 (1988)

THE STATE OF NEW HAMPSHIRE v. JOHN SURETTE

Supreme Court of New Hampshire.

June 8, 1988.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Kathleen A. McGuire, assistant attorney general, on the brief, and Cynthia White, attorney, orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.


BATCHELDER, J.

A jury found defendant John Surette guilty of burglary, in violation of RSA 635:1. The sole issue on appeal is whether the Trial Court (Goode, J.) erred in submitting to the jury four special interrogatories to assist the jurors in reaching their verdict, without providing an instruction on jury nullification. For the reasons that follow, we reverse and remand for a new trial.

The defendant was convicted of a burglary that he committed...

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