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STATE v. PAGE

No. 82-019.

122 N.H. 543 (1982)

THE STATE OF NEW HAMPSHIRE v. EDWIN W. PAGE, II

Supreme Court of New Hampshire.

June 11, 1982.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Michael A. Pignatelli, assistant attorney general, on the brief), by brief for the State.

James E. Duggan, of Concord, appellate defender, by brief for the defendant.

MEMORANDUM OPINION

Defendant asserts that this court erred in the case of Novosel v. Helgemoe, 118 N.H. 115, 384 A.2d 124 (1978), when it concluded that sanity should not be treated as an element of crime to be proved by the State beyond a reasonable doubt, but that insanity should be an affirmative defense to be proved by the defendant by a preponderance of the evidence. Id. at 126-27, 384 A.2d at 130-31. The jury in...

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