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STATE v. SIEL

No. 81-282.

122 N.H. 254 (1982)

THE STATE OF NEW HAMPSHIRE v. BARNEY V. SIEL

Supreme Court of New Hampshire.

March 19, 1982.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Peter W. Mosseau, assistant attorney general, on the brief and orally), for the State.

Cullity & Kelley, of Manchester (John C. Boeckeler on the brief and orally), for the defendant.

Orr & Reno, of Concord (William L. Chapman on the brief and orally), for the reporters, Joel Brown and Laura Meade.

BATCHELDER, J.

This interlocutory appeal from rulings by the Strafford County Superior Court (Souter, J.) presents three questions:

1. Whether guarantees against double jeopardy contained in the fifth amendment to the Constitution of the United States and in article 16 of part I of the Constitution of New Hampshire preclude a defendant's retrial for first degree murder and attempted robbery when, in the first trial, there was a variance between the...

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