STATE v. PHILBROOK

No. 93-490.

138 N.H. 601 (1994)

THE STATE OF NEW HAMPSHIRE v. FRANK PHILBROOK

Supreme Court of New Hampshire.

June 27, 1994.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John C. Kissinger, Jr., attorney, on the brief and orally), for the State.

Amy B. Messer, public defender, of Manchester, by brief and orally, for the defendant.


HORTON, J.

The defendant, Frank Philbrook, was convicted of theft by unauthorized taking, RSA 637:3 (1986), after a jury trial in the Superior Court (Mohl, J.). On appeal, the defendant argues that the trial court abused its discretion in permitting irrelevant and highly prejudicial evidence to go before the jury. We reverse.

On September 13, 1992, the defendant was seen pumping gas into a stolen vehicle at...

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