State v. McPherson

After a jury trial, the defendant was convicted of welfare .fraud, RSA 167:17-b, 1(d) (Supp. 1985), and in this appeal claims that the Trial Court (Cann, J.) erroneously excluded, as hearsay, statements that she had made to a neighbor. For the reasons that follow, we reverse and remand for a new trial.

*827The defendant was convicted for purposefully failing to disclose to the State Division of Welfare the fact that she was simultaneously receiving unemployment compensation and AFDC benefits, a disclosure which would have substantially reduced her benefits.

At trial, Ms. McPherson mounted a…