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STATE v. PATTEN

No. 2001-354.

148 N.H. 659 (2002)

THE STATE OF NEW HAMPSHIRE v. BRIAN K. PATTEN

Supreme Court of New Hampshire.

Opinion Issued: December 16, 2002.

Attorney(s) appearing for the Case

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

Christopher M. Johnson, chief appellate defender, and David M. Rothstein, deputy chief appellate defender, of Concord (Mr. Johnson and Mr. Rothstein on the brief, and Mr. Johnson orally), for the defendant.

DALIANIS, J.

The defendant, Brian K. Patten, appeals his conviction on two first degree murder charges. See RSA 630:1-a (1996). He asserts that the Superior Court (Sullivan, J.) erroneously instructed the jury on the elements of premeditation and deliberation and that there was insufficient evidence to support a finding of premeditation and deliberation. We affirm.

The relevant facts follow. On Saturday, June 3, 2000, the defendant called 9-1...

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