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IN RE PARCEL OF LAND

No. 87-419.

132 N.H. 1 (1989)

In re PARCEL OF LAND LOCATED IN EFFINGHAM, NEW HAMPSHIRE, COMMONLY KNOWN AS THE MELOON LOT, CONSISTING OF 84 ACRES MORE OR LESS, DESCRIBED AT BOOK 101, PAGE 307 OF THE REGISTRY OF DEEDS, COUNTY OF CARROLL; 1969 BANNER TRAVEL TRAILER, SERIAL NO. B24564; BROWN 1969 DODGE VAN, VIN 2082163749; BRIGGS AND STRATTON POWER MATE 8 HORSE POWER 54 SERIES GENERATOR, SERIAL NO. 8520772; BRIGGS AND STRATTON POWER MATE 8 HORSE POWER 54 SERIES GENERATOR, SERIAL NO. 8520775; SUZUKI GENERATOR MODEL NO. SE1800A.

Supreme Court of New Hampshire.

July 14, 1989.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Clyde R. W. Garrigan, assistant attorney general, on the brief), by brief for the State.

Raiche, Clark, Kenna & Johnston P.A., of Manchester (Bruce E. Kenna on the brief), by brief for the party in interest, Stanley Yassen.

BATCHELDER, J.

The issue in this forfeiture proceeding, see RSA 318-B:17-b (Supp. 1988), is whether the State provided sufficient evidence to prove that the owner of the property in question knew that his property was being used to grow marijuana. We affirm the trial court's order granting the State's petition for forfeiture.

[1, 2] In this case, the State had the burden to prove by a preponderance of the evidence, RSA 318-B:17-b, IV (Supp...

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