STATE v. SMALLEY

No. 2003-198

151 N.H. 193 (2004)

THE STATE OF NEW HAMPSHIRE v. ERIC SMALLEY

Supreme Court of New Hampshire

Opinion Issued: June 29, 2004


Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Simon R. Brown, senior assistant attorney general, on the brief and orally), for the State.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.


DUGGAN, J.

The defendant, Eric Smalley, appeals his conviction of second-degree murder, see RSA 630:1-b (1996), following a jury trial in Superior Court (McGuire, J.). He argues that the trial court erred in admitting evidence of his drug-dealing activities pursuant to New Hampshire Rule of Evidence 404(b). We affirm.

The events that culminated in Smalley killing Charles Hawkesworth began in early October 2001, when Tony Clough and his friend...

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