STATE v. GIFFORD

No. 2001-392.

148 N.H. 215 (2002)

THE STATE OF NEW HAMPSHIRE v. MATTHEW GIFFORD

Supreme Court of New Hampshire.

Opinion Issued: August 16, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (David W. Ruoff, attorney, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, by brief and orally, for the defendant.


NADEAU, J.

This is an interlocutory transfer without ruling from the Superior Court (Galway, J.). At issue is the criminal responsibility of a twenty-two-year-old defendant for acts allegedly committed when the defendant was thirteen years old. We hold that RSA 628:1 does not bar prosecution of the defendant and the certification requirement must be satisfied despite the language of RSA 169-B:4, VII.

The relevant facts follow. In November 2000, the...

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