1. Home
  2. Browse Decisions
  3. N.H.
  4. 124 N.H.
  5. 124 N.H. 203 (1983)
 

STATE v. BERRY

No. 81-469.

124 N.H. 203 (1983)

THE STATE OF NEW HAMPSHIRE v. DANIEL W. BERRY

Supreme Court of New Hampshire.

December 7, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Gregory W. Swope, assistant attorney general, by brief and orally), for the State.

James E. Duggan, appellate defender, of Concord, and Daniel W. Berry, pro se, on the brief, and Mr. Duggan orally, for the defendant.

BATCHELDER, J.

The principal issue presented in this appeal is the remedy available to a criminal defendant whose request for a jury instruction on a lesser-included offense was denied, and where jury disagreement resulted in a mistrial. We hold that the defendant, in the absence of a mistrial resulting from judicial or prosecutorial overreaching, was entitled only to a new trial.

The questions herein presented arise...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases