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STATE v. JOHNSON

No. 91-017.

134 N.H. 570 (1991)

THE STATE OF NEW HAMPSHIRE v. KENNETH JOHNSON & a.

Supreme Court of New Hampshire.

July 31, 1991.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Michael D. Ramsdell, assistant attorney general, and Mark E. Howard, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, chief appellate defender, of Concord, and Bjorn Lange, New Hampshire Public Defender Program, of Concord, by brief, and Mr. Duggan orally, for defendant Kenneth Johnson.

Twomey & Sisti Law Offices, of Portsmouth (Alan J. Cronheim on the brief and orally), for the defendant Anthony Pfaff.

Kinghorn & Maynard P.A., of Nashua (Clifford R. Kinghorn, Jr., and Steven L. Maynard on the brief, and Mr. Maynard orally), for defendant Jason Carroll.

THAYER, J.

In this interlocutory appeal by the State, see RSA 606:10, II(d), we are asked to determine the applicability of New Hampshire's capital punishment statutes, RSA 630:5 (Supp. 1990) (effective until Jan. 1, 1991) (hereinafter referred to as "former RSA 630:5") and RSA 630:5 (Supp. 1990) (revised effective Jan. 1, 1991) (hereinafter referred to as "current RSA 630:5"), to the defendants, Kenneth Johnson, Anthony Pfaff, and Jason Carroll.

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