State v. McGill

The defendant, Jason J. McGill, appeals his conviction by a jury for felony delivery of an unlawful article to a prisoner. See RSA 30-B:9, .TO (2000). On appeal, he argues that the Superior Court (Vaughan, J.) erroneously instructed the jury that to convict, it had to find that he acted “knowingly.” He contends that the proper mens rea for the crime was “purposely.” We reverse and remand.

The record establishes the following facts. The defendant was charged with knowingly delivering to an inmate at Grafton County House of Corrections an article that was unlawful for the defendant to possess,…