Cited by
Opinions in New Hampshire that cite State v. Kilgus, 484 A.2d 1208.
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State v. Bradley
2025 N.H. 19
N.H. 2025
The title of a statute is not conclusive of its interpretation, and where the statutory language is clear and unambiguous, we will not consider the title in determining the meaning of the statute.
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State of New Hampshire v. Daniel Laguerre
N.H. 2022
Companies, 143 N.H. 270, 274 (1998) (“‘The title of a statute is not conclusive of its interpretation, and where the statutory language is clear and unambiguous this court will not consider the title in determining the meaning of the statute.’” (quoting State v. Kilgus, 125 N.H. 739, 742 (1984))).
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Petition of Louis L. Lafasciano
N.H. 2022
The petitioner asserts that the intent of the statute, correctly interpreted, “is to address the issue of fraud as the law is titled.” The Board counters that “[t]he title of a statute is not conclusive of its interpretation, and where the statutory language is clear and unambiguous this court will not consider the title in determining the meaning of the statute.” State v. Kilgus, 125 N.H. 739, 742 (1984).
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State of New Hampshire v. Bryan Weston Luikart
N.H. 2021
RSA 641:5, I; Model Penal Code & Commentaries § 241.6(1), at 162-63 (1985); cf. State v. Kilgus, 125 N.H. 739, 743 (1984) (“[T]he New Hampshire Legislature excluded the terms ‘witness’ and ‘informant’ used in the Model Penal Code provision on witness tampering, and instead used the broader term ‘person.’”).
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State of New Hampshire v. Blake Colella
N.H. 2021
[w]ithhold any testimony, information, document or thing”); State v. Moscone, 161 N.H. 355, 359 (2011) (explaining that in State v. Kilgus, 125 N.H. 739, 743 (1984), “[w]e concluded, without analysis, that the trial court used the proper mens rea 5 when it instructed the jury that ‘the defendant had to act purposely when he attempted to get a person to give the police false information.’ Since Kilgus, we have required a pur
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In re Estate of Ruth C. McCarty
166 N.H. 548
N.H. 2014
next argues that paragraph III applies only to claims secured by liens because RSA 167:16 is entitled, “Enforcement of Assistance Liens.” As we have previously held, however, “[t]he title of a statute is not conclusive of its interpretation, and where the statutory language is clear and unambiguous this court will not consider the title in determining the meaning of the statute.” State v. Kilgus, 125 N.H. 739, 742 (1984).
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State v. Moscone
13 A.3d 137
N.H. 2011
In State v. Kilgus, 125 N.H. 739, 743 (1984), the defendant was convicted of witness tampering pursuant to RSA 641:5, 1(a) (2007), which states, “A person is guilty of a class B felony if.
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Distinguished
State v. Allard
813 A.2d 506
N.H. 2002
The State cites Gertz v. Robert Welch, Inc., 418 U.S. 323, 339-40 (1974), and State v. Kilgus, 125 N.H. 739, 745 (1984), for the proposition that the State and Federal Constitutions do not protect intentionally false statements of material fact.
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Appeal of CNA Insurance Companies
722 A.2d 496
N.H. 1998
tute is “Payment for Second Injuries from Special Fund,” the text does not mention the term “second injury,” but instead requires only “subsequent disability.” RSA 281:47-a, I. “The title of a statute is not conclusive of its interpretation, and where the statutory language is clear and unambiguous this court will not consider the title in determining the meaning of the statute.” State v. Kilgus, 125 N.H. 739, 742, 484 A.2d 1208, 1212 (1984).
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Lorette v. Peter-Sam Investment Properties
665 A.2d 341
N.H. 1995
In support of this argument, the plaintiff points out that RSA 215-A:34 is entitled “Posted Land.” While the title of a statute may be persuasive, it is not conclusive of its interpretation.
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State v. Roberts
622 A.2d 1225
N.H. 1993
The witness tampering statute “protects an important public interest in discovering the truth in official proceedings and investigations.” State v. Kilgus, 125 N.H. 739, 745, 484 A.2d 1208, 1213 (1984).
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State v. Pike
597 A.2d 1071
N.H. 1991
Our imposition of such qualifiers would be impermissible judicial construction.
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Slovenski v. State
561 A.2d 1072
N.H. 1989
As we have previously noted, “[w]hen the language used in a statute is clear and unambiguous, its meaning is not subject to modification by judicial construction.” State v. Kilgus, 125 N.H. 739, 742, 484 A.2d 1208, 1211 (1984) (quoting State v. Flynn, 123 N.H. 457, 462, 464 A.2d 268, 271 (1983)).
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Vachon v. Town of New Durham Zoning Board of Adjustment
557 A.2d 649
N.H. 1989
Therefore, we need not consider the title of the statutory provision in determining the meaning of the statute.
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State v. Kilgus
519 A.2d 231
N.H. 1986
State v. Kilgus, 125 N.H. 739, 484 A.2d 1208 (1984) (upholding the witness tampering conviction).
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State v. Brewer
508 A.2d 1058
N.H. 1986
owing argument: (1) one is guilty of a crime only if he acts “purposely, knowingly, recklessly or negligently” with respect to each material element of the offense, RSA 626:2,1; (2) although RSA 641:5, I, does not specify which of these culpable mental states applies to the offense of wit *800 ness tampering, in such a case the State must prove that the defendant acted purposely, State v. Kilgus, 125 N.H. 739, 743, 484 A.2d 1208, 1212 (1984); see State v. Aldrich, 124 N.H. 43, 466 A.2d 938 (1983
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Samaha v. Grafton County
493 A.2d 1207
N.H. 1985
State v. Kilgus, 125 N.H. 739, 742, 484 A.2d 1208, 1212 (1984) (citing In re Vernon E., 121 N.H. 836, 841, 435 A.2d 833, 836 (1981)).
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Waters v. Hedberg
496 A.2d 333
N.H. 1985
Moreover, we find no compelling intent manifested by the use of the technically limited term “tortfeasor” in the title of RSA 507:7-b which would require us to disregard the plainly expansive language of the text of the statute.