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STATE v. DERY

No. 88-098

134 N.H. 370 (1991)

THE STATE OF NEW HAMPSHIRE v. GEORGE D. DERY

Supreme Court of New Hampshire.

July 3, 1991.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Tina L. Nadeau, attorney, on the brief, and Peter Beeson, senior assistant attorney general, orally), for the State.

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

THAYER, J.

The defendant was convicted after a jury trial in Superior Court (Hollman, J.) of five counts of negligent homicide in consequence of operating a vehicle under the influence of intoxicating liquor, RSA 630:3, I(b) (currently codified as RSA 630:3, II (Supp. 1990)), and five counts of negligent homicide based on negligence in the operation of an unsafe vehicle at an unreasonable speed, RSA 630:3, I(a) (currently codified as RSA 630:3, I (Supp. 1990...

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