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STATE v. BALLIRO

No. 2007-500.

959 A.2d 212 (2008)

The STATE of New Hampshire v. Anthony BALLIRO.

Supreme Court of New Hampshire.

Opinion Issued: October 30, 2008.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Thomas E. Bocian, attorney, on the brief and orally), for the State.

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

HICKS, J.

The defendant, Anthony Balliro, appeals a ruling by the Superior Court (Fitzgerald, J.) denying a jury instruction for the justified use of deadly force to "prevent an attempt by the trespasser to commit arson." See RSA 627:7 (2007). We affirm.

The jury could have found the following relevant facts. The defendant stabbed Steven Hayes five times on July 5, 2006, causing his death. On this same day,

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