STATE v. BURRELL

No. 90-508.

135 N.H. 715 (1992)

THE STATE OF NEW HAMPSHIRE v. MARC BURRELL

Supreme Court of New Hampshire.

July 10, 1992.


Attorney(s) appearing for the Case

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

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


THAYER, J.

The defendant, Marc Burrell, was convicted of manslaughter, RSA 630:2, I(b), after a jury trial in the Superior Court (Dalianis, J.). The defendant appeals, arguing that the trial court committed an error in its jury instruction concerning the requirement under RSA 626:1, I, that conduct creating criminal liability must include a voluntary act. We affirm.

On January 6, 1989, Douglas Saari and Joey Baglione made plans to have a few drinks...

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