STATE v. SHEPARD

No. 2008-272.

973 A.2d 318 (2009)

The STATE of New Hampshire v. Joshua SHEPARD.

Supreme Court of New Hampshire.

Opinion Issued: May 29, 2009.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Michael S. Lewis, assistant attorney general, on the brief and orally), for the State.

Paul Borchardt, assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DALIANIS, J.

The defendant, Joshua Shepard, appeals his conviction for three counts of negligent homicide and one count of vehicular assault following a jury trial. See RSA 630:3, I (2007); RSA 265:79-a (2004). He argues that the Superior Court (O'Neill, J.) erred when it denied his motions to dismiss the indictments against him and for judgment notwithstanding the verdict (JNOV). We reverse.

The jury could have found the following facts, viewed...

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