STATE v. SMAGULA

No. 89-412.

133 N.H. 600 (1990)

THE STATE OF NEW HAMPSHIRE v. PETER SMAGULA.

Supreme Court of New Hampshire.

August 29, 1990.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (John S. Davis, assistant attorney general, on the brief, and Anne Renner, assistant attorney general, orally), for the State.

W. Kirk Abbott, Jr., assistant appellate defender, of Concord, by brief and orally, for the defendant.


BATCHELDER, J.

The defendant, Peter Smagula, was found guilty by a jury in Superior Court (Pappagianis, J.) of armed robbery, RSA 636:1. On appeal he asserts that he was denied due process of law under the fourteenth amendment to the United States Constitution and was similarly denied his rights under part I, article 15 of the New Hampshire Constitution when, even though he remained a suspect, the investigating police detective failed to preserve an array of...

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