STATE v. VASSAR

No. 2005-567.

910 A.2d 1193 (2006)

The STATE of New Hampshire v. Ethan VASSAR.

Supreme Court of New Hampshire.

Opinion Issued: November 21, 2006.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Karen E. Huntress, assistant attorney general, on the brief and orally), for the State.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DALIANIS, J.

The defendant, Ethan Vassar, was convicted by a jury in Superior Court (Lynn, C.J.) of provocation manslaughter for the shooting death of his brother, Nicholas Vassar. See RSA 630:2, I (1996). He appeals, challenging the trial court's instruction to the jury not to consider the justification defenses of self-defense and defense of another and its failure to admit evidence of the brother's prior violent acts. We reverse and remand.

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