STATE v. BURKE

Nos. 81-204, 81-205.

122 N.H. 565 (1982)

THE STATE OF NEW HAMPSHIRE v. THOMAS BURKE. THE STATE OF NEW HAMPSHIRE v. HENRY FLYNN

Supreme Court of New Hampshire.

July 2, 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.

John A. Macoul, of Salem, by brief and orally, for Thomas Burke.

James E. Duggan, of Concord, appellate defender, by brief for Henry K. Flynn.


DOUGLAS, J.

In May 1981, after a jury trial in Superior Court (Contas, J.), defendant Flynn was convicted of armed robbery and defendant Burke was convicted of robbery. Defendants appeal to this court, challenging the sufficiency of the evidence, the sufficiency of the court's instruction regarding the reliability of an eyewitness' identification, and the propriety of the court's references to "the defendants" in its jury charge. We affirm both defendants'...

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