Cited by

Opinions in New Hampshire that cite State v. Bell, 480 A.2d 906.

16 citing documents.

  • State of New Hampshire v. Justin Cassidy N.H. 2016
    Moreover, the identity of the purchaser of a drug is not an element of the crime of sale of a controlled drug under RSA 318-B:2.
  • State v. Guay 62 A.3d 831 N.H. 2013
    The defendant also cites State v. Bell, 125 N.H. 425, 432 (1984), for the proposition that “where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” There is no conflict, however, between a provision stat
  • State v. Quintero 34 A.3d 612 N.H. 2011
    Amendments that purport to change an element of the offense are invalid, State v. Prevost, 141 N.H. 559, 560 (1997); State v. Bell, 125 N.H. 425, 429 (1984), while amendments that involve merely the form of the indictment are freely allowed and may be made without the need to return to the grand jury, see RSA 601:8 (2001); State v. Spade, 118 N.H. 186, 188 (1978).
  • Appeal of Johnson 13 A.3d 315 N.H. 2011
    It is a well-recognized rule of statutory construction that where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.
  • Bel Air Associates v. New Hampshire Department of Health & Human Services 910 A.2d 1232 N.H. 2006
    “It is a well-recognized rule of statutory construction that where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” State v. Bell, 125 N.H. 425, 432 (1984).
  • State v. Pierce 887 A.2d 132 N.H. 2005
    The State argues that this is merely a general provision, and points to the rule that “where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” State v. Bell, 125 N.H. 425, 432 (1984).
  • State v. French 776 A.2d 1253 N.H. 2001
    The elements of the charged offense are “automatically considered part of the substance of an indictment,” id., and therefore cannot be altered except as directed by the grand jury.
  • Fischer v. Governor 749 A.2d 321 N.H. 2000
    State v. Bell, 125 N.H. 425, 432, 480 A.2d 906, 911 (1984) (specific, more detailed statute viewed as exception to general statute where two conflict).
  • State v. Farrow 667 A.2d 1029 N.H. 1995
    The same result is reached based upon the rule of statutory construction which provides that “where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” State v. Bell, 125 N.H. 425, 432, 480 A.2d 906, 911 (1984).
  • State v. Peck 666 A.2d 962 N.H. 1995
    The defendant relies primarily on State v. Bell, 125 N.H. 425, 480 A.2d 906 (1984), in which we stated: It is a well-recognized rule of statutory construction that where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two co
  • State v. Pinardville Athletic Club 594 A.2d 1284 N.H. 1991
    That it was not lawful.” While there is ample support in our case law for the proposition that the defendant need not prove the applicability of a statu *468 tory exception (the burden being upon the State to prove that an exception does not apply), State v. Bell, 125 N.H. 425, 431, 480 A.2d 906, 911 (1984); RSA 625:10,:11, the instruction here falls short of infecting the charge with error because, viewing the charge as a whole, including the supplementary written instruction, the trial court a
  • State v. Johnson 547 A.2d 213 N.H. 1988
    add[s] an offense.” State v. Spade, supra at 189, 385 A.2d at 116 (citation omitted); Erickson, supra at 519, 533 A.2d at 25 (citing State v. Bell, 125 N.H. 425, 429, 480 A.2d 906, 909 (1984)) (“[a]n element of an offense is considered part of the substance of an indictment”).
  • State v. Erickson 533 A.2d 23 N.H. 1987
    It is true that an element of the offense is automatically considered part of the substance of an indictment.
  • State v. Donovan 519 A.2d 252 N.H. 1986
    it was not undue prejudice.” State v. Bell, 125 N.H. 425, 430, 480 A.2d 906, 910 (1984).
  • State v. Fennell 513 A.2d 363 N.H. 1986
    Hence, the defendant would ordinarily be barred from raising this issue on appeal.
  • State v. Perra 503 A.2d 814 N.H. 1985
    They invoke the rule that “where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” State v. Bell, 125 N.H. 425, 432, 480 A.2d 906, 911 (1984).