State v. Berry

The principal issue presented in this appeal is the remedy available to a criminal defendant whose request for a *206jury 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 from an incident on Route 101 in Milford, New Hampshire, on October 6, 1979, when a vehicle operated by the defendant collided with a vehicle driven by Daniel Blanchette. Blanchette and his two…