State v. Smith

This reserved case requires us to decide whether the superior court has either the statutory authority or inherent common law power to suspend a portion of the defendant’s sentence to life imprisonment for first degree murder under RSA 630:1-a III. We hold that the superior court has neither in this instance.

The defendant was convicted of first degree murder, RSA 630:l-a I, and began serving a life sentence at the State prison oh February 16, 1977. We affirmed the conviction and the constitutionality of his sentence. State v. Farrow, 118 N.H. 296, 386 A.2d 808 (1978). On May 23, 1978, the…