STATE v. BATHALON

No. 99-160.

146 N.H. 485 (2001)

THE STATE OF NEW HAMPSHIRE v. DAVID BATHALON

Supreme Court of New Hampshire.

June 11, 2001.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Simon R. Brown, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, chief appellate defender, of Concord, and Carl Olson, assistant appellate defender, of Littleton (Mr. Duggan on the brief, and Mr. Olson orally) for the defendant.


BRODERICK, J.

Following a jury trial in Superior Court (Sullivan, J.), the defendant, David Bathalon, appealed his conviction for second degree assault. See RSA 631:2 (1996). On appeal, he contends that improper intra-jury communication was so prejudicial as to require a mistrial, and that the trial court's jury instructions impermissibly amended his indictment. We affirm.

The record supports the following...

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