STATE v. O'LEARY

No. 2005-485.

153 N.H. 710 (2006)

THE STATE OF NEW HAMPSHIRE v. ANTHONY C. O'LEARY

Supreme Court of New Hampshire.

Opinion Issued: July 19, 2006.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Charles J. Keefe and David W. Ruoff, assistant attorneys general, on the brief, and Mr. Keefe orally), for the State.

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


HICKS, J.

The defendant, Anthony C. O'Leary, appeals his conviction of first degree murder, see RSA 630:1-a (1996), following a jury trial in Superior Court (Mohl, J.). He argues that the trial court erred when it instructed the jury that it could consider provocation manslaughter only after it unanimously acquitted him of first and second degree murder. We affirm.

The jury could have found the following relevant facts. On June 7, 2004, the defendant...

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