State v. Lake

The defendant, David Lake, appeals his conviction in Superior Court {Goode, J.) for driving while intoxicated, second offense, RSA 265:82-b (Supp. 1983). The issues presented for review on this appeal are whether the trial court properly overruled the defendant’s objection to the prosecutor’s comment during closing argument as to facts not in evidence, and whether the trial court committed reversible error in denying a requested jury instruction on the credibility of a police officer whose testimony provided the sole basis for conviction. We reverse and remand.

On April 10, 1983, the defendant…