State v. Sheedy

The defendant was convicted of “wilfully intercepting” telephone conversations in violation of RSA 570-A:2, I (Supp. 1983). He appeals his conviction on several grounds, including the failure of the Trial Court (Souter, J.) to permit the presentation of an affirmative defense to the jury. We reverse and remand for a new trial.

The operative facts are not in dispute. During portions of 1980 and 1981 the defendant was an employee of New England Business Radio, a radio dispatching, paging, and answering service. During this time he tape-recorded a number of his telephone conversations without the…