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06/18/93 STATE NEW HAMPSHIRE v. ARTHUR J. BURLEY

June 18, 1993

THE STATE OF NEW HAMPSHIRE
v.
ARTHUR J. BURLEY



SYLLABUS BY THE COURT

1. Appeal and Error--Preservation of Questions--Failure to Make Specific Objections

Supreme court did not consider purported deficiency in second degree murder trial indictment, concerning allegation of recklessness, since issue was raised for first time on appeal.

2. Indictment and Information--Contents--Tests of Sufficiency

An indictment is constitutionally sufficient if it informs defendant of charge with enough specificity to allow defendant to prepare for trial and be protected against double jeopardy; there is no additional requirement, once crime has been identified with factual specificity, that acts by which defendant may have committed offense be identified. N.H. Const. pt. 1, art. 15.

3. Indictment and Information--Contents--Tests of Sufficiency

Second degree murder trial indictment was constitutionally sufficient, where it informed defendant that he was charged with recklessly, under circumstances manifesting extreme indifference to value of human life, causing his ex-wife's death on a specific date by shooting her in the head; indictment informed defendant of charge with enough specificity to allow defendant to prepare for trial and be protected against double jeopardy. N.H. Const. pt. 1, art. 15 ; RSA 630:1-b, I(b).

4. Appeal and Error--Findings--Tests for Overturning

Supreme court will uphold trial court verdict unless, viewing evidence and all reasonable inferences in light most favorable to State, no reasonable trier of fact could have found guilt beyond reasonable doubt.

5. Homicide--Murder--Second Degree

In a prosecution for second degree murder charging extreme indifference to the value of human life, the existence and extent of disregard manifested are for the jury to determine on the facts of the case. RSA 630:1-b, I(b).

6. Homicide--Murder--Second Degree

Evidence sufficed to prove element of extreme indifference in second degree murder trial, where evidence showed that defendant knew how to operate semi-automatic handgun, knew gun was loaded, knew ex-wife was in next room, drank beer all afternoon, sat with elbows resting on knees and gun pointed into room ex-wife occupied, had gun cocked and ready to fire, had finger in trigger ...


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