STATE v. COLBERT

Nos. 92-517, 93-497.

139 N.H. 367 (1995)

THE STATE OF NEW HAMPSHIRE v. JAMES M. COLBERT

Supreme Court of New Hampshire.

February 3, 1995.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Michael D. Ramsdell, senior assistant attorney general, on the brief and orally), for the State.

Twomey & Sisti Law Offices, of Concord (Mark L. Sisti and Jonathan R. Saxe on the brief, and Mr. Sisti orally), for the defendant.


JOHNSON, J.

The defendant, James M. Colbert, appeals the Superior Court's (McHugh, J.) denial of his motions to set aside his four first degree murder convictions. The issues on appeal involve the substitution of an alternate juror for a juror who became ill in the midst of the jury's deliberations. Colbert argues that the substitution violated former RSA 500-A:13 (1983) (current version at RSA 500-A:13 (1983 & Supp. 1994)), as well as his right to a twelve...

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