STATE v. OSGOOD

No. 91-136.

135 N.H. 436 (1992)

THE STATE OF NEW HAMPSHIRE v. NEWELL OSGOOD

Supreme Court of New Hampshire.

April 2, 1992.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Ann M. Rice, assistant attorney general, on the brief), by brief for the State.

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


BATCHELDER, J.

The defendant appeals from his conviction, after a jury trial in Superior Court (Dickson, J.), of driving after having been declared an habitual offender in violation of RSA 262:23 (Supp. 1991). Arguing that in order to convict him the State had to prove that his motor vehicle was capable of operation, the defendant claims that the trial court's failure to so instruct the jury was error. We disagree and affirm.

On the afternoon of August...

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