(Download) "State New Hampshire v. Peter Fleming" by Supreme Court of New Hampshire * Book PDF Kindle ePub Free
eBook details
- Title: State New Hampshire v. Peter Fleming
- Author : Supreme Court of New Hampshire
- Release Date : January 26, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Two issues are presented for our determination in this case. The first is whether a Trial Court's (Nadeau, J.) instructions to a jury on an indictment for second-degree murder must include an explanation of the term ""malice aforethought."" The second is whether the trial court erred in sentencing the defendant to pay $36,000 in restitution to the victim's family. We hold that the use of the term ""malice aforethought"" is not required in a jury charge for second-degree murder. In addition, we find that the trial court erred in sentencing this defendant to make the restitution ordered. The defendant was indicted for second-degree murder, RSA 630:1-b. The court's instructions to the jury included charges on second-degree murder; manslaughter, RSA 630:2 (Supp. 1983); and negligent homicide, RSA 630:3. The charges contained the words ""knowingly,"" ""recklessly,"" and ""negligently."" To clarify the meaning of these words, the court read the appropriate definitions from the Criminal Code, RSA 626:2, II(b)-(d). The defendant contends that the court's use of the legislature's definitions, without explaining the common-law term ""malice aforethought,"" was reversible error.
 "State New Hampshire v. Peter Fleming" by Supreme Court of New Hampshire * Book PDF Kindle ePub Free){kind=link}