STATE v. KIEWERT

No. 89-586.

135 N.H. 338 (1992)

THE STATE OF NEW HAMPSHIRE v. ARTHUR KIEWERT

Supreme Court of New Hampshire.

March 20, 1992.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Ann M. Rice, attorney, on the brief, and Michael D. Ramsdell, 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 on two counts of burglary, RSA 635:1, II, for which he was sentenced to an extended term of imprisonment, RSA 651:6, I(c), and a shorter concurrent term. On appeal, he raises the following issues: (1) whether the Superior Court (Hollman, J.) erred in admitting a statement by an unavailable declarant to the declarant's wife under the statement against penal interest exception to the hearsay rule; (2) whether the phrase...

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