State v. Burke

In May 1981, after a jury trial in Superior Court {Contas, J.), defendant Flynn was convicted of armed robbery and defendant Burke was convicted of robbery. Defendants appeal to this court, challenging the sufficiency of the evidence, the sufficiency of the court’s instruction regarding the reliability of an eyewitness’ identification, and the propriety of the court’s references to “the defendants” in its jury charge. We affirm both defendants’ convictions.

The defendants allegedly robbed a BP gasoline station in Salem, New Hampshire, on October 21, 1980. According to testimony, three men…