State v. Smith

Michael Smith, the defendant, appeals his conviction for selling marijuana, on March 11, 1982, in violation of RSA 318-B:2 (Supp. 1981). He claims that the Trial Court (Goode, J.) erred in admitting into evidence testimony concerning other alleged, but unindicted, sales of controlled drugs by the defendant. For the reasons that follow, we reverse and remand for a new trial.

In advance of trial, the defendant filed a “motion to limit testimony.” Defense counsel stated in the motion that the State’s chief witness, Timothy Nutter, had referred in his deposition to events other than those alleged…