State v. Sylvia

The defendant was convicted after a jury trial in Superior Court (Goode, J.) of three counts of theft by unauthorized taking, RSA 637:3. On appeal the defendant argues that the trial court erred: (1) when it refused to give a curative instruction after the prosecutor misstated the evidence in closing argument; and (2) when it ruled that evidence of acute alcohol dependence could not be introduced to prove a lack of specific intent to commit theft. We affirm.

The defendant was an attorney practicing in Hillsborough until his disbarment in 1988. As part of his law practice, he served as the…