State v. Hammell

The defendant, Michael Hammell, was convicted on one count of driving while intoxicated, subsequent offense, RSA 265:82, 1(a) (1993), after a jury trial in Superior Court (McHugh, J.). The sole issue on appeal is whether the trial court erred in its answer to a jury question. We affirm.

At the conclusion of the defendant’s trial, the trial court gave the jury the usual instructions including the Wentworth instruction on reasonable doubt and burden of proof. See State v. Wentworth, 118 N.H. 832, 838-39, 395 A.2d 858, 862-63 (1978). The jury deliberated for approximately two hours that day but…