Legal Opinion

State v. Tyler

Supreme Court of New Hampshire

Decided June 3, 2009No. 2008-079Published

1Opinion of the CourtHicks, J.

Following a conviction for one count of simple assault, see RSA 631:2-a (2007), the defendant, Eric Tyler, appeals a ruling of the Superior Court (Nadeau, J.) denying a jury instruction explaining his prior acquittal on three related counts of simple assault. We affirm.

The record supports the following. Officer Robert Kelley of the Sandown Police Department responded to a domestic disturbance call at the defendant’s residence the afternoon of June 13, 2006. He observed a red mark on the defendant’s hand and wax on his forearm. He further observed that the victim, the defendant’s girlfriend,…

2Cases cited10 opinions

  1. Dowling v. United StatesSupreme Court of the United States · 1990
  2. State v. LambertSupreme Court of New Hampshire · 2001
  3. Kinney v. PeopleSupreme Court of Colorado · 2008
  4. State v. EvansSupreme Court of New Hampshire · 2003
  5. State v. BeltranSupreme Court of New Hampshire · 2006

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