New Hampshire v. West
Annotate this CaseDefendant Stanley West, II was convicted by jury on three counts of simple assault and one count of resisting arrest or detention. At trial, defendant objected to the trial court's proposed jury instruction on the defense of premises. The trial court overruled the defendant's objection. At the close of the State's case, defendant moved to dismiss the resisting arrest or detention charge, arguing that the State presented no evidence that the police officer attempted to arrest or detain the defendant. The trial court denied the motion. On appeal to the New Hampshire Supreme Court, defendant argued that the trial court erred: (1) by instructing the jury that the defendant must exhaust all non-violent alternatives before using force in defense of premises; and (2) by denying his motion to dismiss the resisting arrest or detention charge for insufficient evidence. Finding no reversible error, the Supreme Court affirmed.
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