STATE v. GORDON

No. 2009-570.

13 A.3d 201 (2011)

The STATE of New Hampshire v. Edgar GORDON.

Supreme Court of New Hampshire.

Opinion Issued: January 26, 2011.


Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Stephen D. Fuller , senior assistant attorney general, on the brief and orally), for the State.

Pamela E. Phelan , assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DALIANIS, C.J.

The defendant, Edgar Gordon, appeals his conviction after a jury trial for attempted burglary. See RSA 629:1 (2007); RSA 635:1 (2007). On appeal, he argues that the Superior Court (O'Neill, J.) erroneously denied his motion to dismiss for insufficient evidence and his motion in limine to exclude evidence that, at the time of the attempted burglary, he was homeless, living in his car, and unemployed. We reverse and remand.

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