State v. Surette

A jury found defendant John Surette guilty of burglary, in violation of RSA 635:1. The sole issue on appeal is whether the Trial Court {Goode, J.) erred in submitting to the jury four special interrogatories to assist the jurors in reaching their verdict, without providing an instruction on jury nullification. For the reasons that follow, we reverse and remand for a new trial.

The defendant was convicted of a burglary that he committed on March 7, 1986, in a home located in Bedford. According to the testimony of the owners, Donald and Margaret Squires, at approximately 12:10 on the morning of…