State v. Dery

The defendant was convicted after a jury trial in Superior Court (Hollman, J.) of five counts of negligent homicide in consequence of operating a vehicle under the influence of intoxicating liquor, RSA 630:3, 1(b) (currently codified as RSA 630:3, II (Supp. 1990)), and five counts of negligent homicide based on negligence in the operation of an unsafe vehicle at an unreasonable speed, RSA 630:3,1(a) (currently codified as RSA 630:3,1 (Supp. 1990)). He was sentenced only on the latter counts. The defendant appeals, alleging first that he was denied due process of law when the prosecution…