State v. McMinn

Following a jury trial in Superior Court (Gray, J.), the defendant, Matthew McMinn, was convicted of criminal mischief, see RSA 634:2 (1996), and riot, see RSA 644:1, I(a) (1996). On appeal, the defendant argues that the trial court erred in: (1) denying his request for a mistrial based on circumstances surrounding the disclosure of perjured testimony; and (2) refusing to instruct the jury on the issue of self-defense. We affirm the conviction for criminal mischief, reverse the conviction for riot, vacate the sentences, and remand.

Although there was conflicting testimony at trial on several…