STATE v. NUTTER

No. 90-434

135 N.H. 162 (1991)

THE STATE OF NEW HAMPSHIRE v. IRVING NUTTER

Supreme Court of New Hampshire.

December 11, 1991


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Brian R. Graf, assistant attorney general, on the brief, and Clyde R. W. Garrigan, senior assistant attorney general, orally), for the State.

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


THAYER, J.

The defendant was convicted of possession of a controlled narcotic drug and sentenced to one and one-half to three years in the State Prison. He now appeals his sentence, asserting that the Superior Court (Gray, J.) erred in basing its sentencing decision, in part, on evidence that was admitted in the prosecution of a related charge, which was joined with the prosecution of the possession charge, and of which the defendant was acquitted. We affirm...

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