Cited by
Opinions in New Hampshire that cite State v. Boire, 474 A.2d 568.
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State v. French
776 A.2d 1253
N.H. 2001
The defendant relies on State v. Boire, 124 N.H. 622 (1984).
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State v. Dixon
741 A.2d 580
N.H. 1999
The defendant argues that under State v. Boire, 124 N.H. 622, 474 A.2d 568 (1984), he was entitled to information of the exact date of each offense so long as there was a possibility of asserting a time-based defense.
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State v. Seymour
707 A.2d 130
N.H. 1998
First, if the State furnishes a bill.of particulars that identifies a specific date or time frame for the charged offense, then it must prove the *623 temporal detail beyond a reasonable doubt.
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State v. Desmarais
665 A.2d 348
N.H. 1995
The defendant argues that State v. Boire, 124 N.H. 622, 474 A.2d 568 (1984), mandates a reversal of his convictions.
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State v. Voorhees
632 A.2d 825
N.H. 1993
Acknowledging that the State may not be required to furnish a bill of particulars unless necessary for the preparation of a defense, State v. Boire, 124 N.H. 622, 624, 474 A.2d 568, 569 (1984), Voorhees contends that a particular date and time was essential because his alibi would be defeated if the State chose to amend the date stated in the indictment.
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State v. Patch
599 A.2d 1243
N.H. 1991
Although the exact date of the charged offense is not an element of the crime, see State v. Boire, 124 N.H. 622, 624, 474 A.2d 568, 569 (1984), the indictment must be specific enough to ensure notice to the defendant, assurance against double jeopardy, and the reliability of an unanimous jury verdict.
- State v. Allison 595 A.2d 1089 N.H. 1991
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State v. Johnson
547 A.2d 213
N.H. 1988
er the State has met its burden on this issue is ‘whether on all the evidence, and all reasonable inferences from it, considered in the light most favorable to the State, any rational trier of fact could have concluded beyond a reasonable doubt that the [defendant coerced the victim on September 13, 1985].’” State v. Meekins, 127 N.H. 777, 778, 508 A.2d 1048, 1049 (1986) (quoting State v. Boire, 124 N.H. 622, 625, 474 A.2d 568, 570 (1984)); accord, State v. LaCasse, supra at 653, 531 A.2d at 328
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State v. Stearns
547 A.2d 672
N.H. 1988
State v. Meekins, 127 N.H. 777, 778, 508 A.2d 1048, 1049 (1986) (citing State v. Spade, 118 N.H. 186, 189, 385 A.2d 115, 116 (1978)); see State v. Boire, 124 N.H. 622, 474 A.2d 568 (1984).
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State v. LaCasse
531 A.2d 327
N.H. 1987
However, when a particular date is furnished by the State in a bill of particulars, the State must prove beyond a reasonable doubt that the offense occurred on that date.
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State v. Cote
530 A.2d 775
N.H. 1987
As we have already noted, the specific date is not an element of the offense of sexual assault.
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State v. Lakin
517 A.2d 846
N.H. 1986
The aggravated felonious sexual assault statute does not require proof of the exact date of the assault as an element.
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State v. Steer
517 A.2d 797
N.H. 1986
In State v. Boire, 124 N.H. 622, 624, 474 A.2d 568, 569 (1984), we stated that “the State may not be required over objection to furnish a bill of particulars.
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State v. Meekins
508 A.2d 1048
N.H. 1986
A bill of particulars limits proof to what it specifies, and requires proof of what it specifies.” State v. Boire, 124 N.H. 622, 624, 474 A.2d 568, 569-70 (1984).