Cited by

generally State v. Plante, 134 N.H. 456, 461 (1991) (“[A]ny test which measures the capacity of the defendant is a matter of evidence, which falls within the province of the [trier of fact] to be considered like any other factual issue.”).

State v. Plante, 134 N.H. 456, 461 (1991) (“[A]ny test which measures the capacity of the defendant is a matter of evidence, which falls within the province of the jury to be considered like any other factual issue.”).

See, e.g., State v. Hudson, 119 N.H. 963, 966 (1979); see also State v. Plante, 134 N.H. 456, 460-62 *593 (1991); State v. Abbott, 127 N.H. 444, 448-49 (1985); State v. Rullo, 120 N.H. 149, 152 (1980).

Furthermore, “reversal of a jury verdict is unwarranted when a jury charge fairly covers the issues and law of a case.” State v. Plante, 134 N.H. 456, 460 (1991).

Because “[w]e will not review on appeal constitutional issues not presented below,” State v. Alexander, 143 N.H. 216, 219, 723 A.2d 22, 25 (1998) (quotation omitted), we decline to review the constitutional dimension of the defendant’s arguments, see State v. Plante, 134 N.H. 456, 459, 594 A.2d 1279, 1282 (1991).

Because “[w]e will not review on appeal constitutional issues not presented below,” State v. Alexander, 143 N.H. 216, 219, 723 A.2d 22, 25 (1998) (quotation omitted), we decline to review the constitutional dimension of the defendant’s argument, see State v. Plante, 134 N.H. 456, 459, 594 A.2d 1279, 1282 (1991).

State v. Chick, 141 N.H. 503, 504, 688 A.2d 553, 554 (1996); State v. Plante, 134 N.H. 456, 459, 594 A.2d 1279, 1282 (1991).

Furthermore, a “reversal of a jury verdict is unwarranted when a jury charge fairly covers the issues and law of a case.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1283 (1991) (quotation omitted).

*624 The defendant also asserts that the trial court committed reversible error in refusing to give the requested model alibi instruction because his alibi defense was supported by “some evidence.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282 (1991) (requested charge on theory of insanity defense must be given if theory supported by some evidence).

Accordingly, because “the constitutional dimension of the defendant’s argument was not called to the trial court’s attention,” State v. Plante, 134 N.H. 456, 459, 594 A.2d 1279, 1282 (1991), we review the court’s refusal to make a pretrial ruling on the admissibility of the defendant’s prior court martial convictions for an abuse of discretion only.

In reviewing the instructions in their entirety, as a reasonable juror would have understood them, and in view of all the evidence, we are persuaded that the instructions fairly covered the issues and the law of the case.

In our review of the trial court’s instructions, “any allegations of error will be evaluated by interpreting the disputed instructions in their entirety, as a reasonable juror would have understood them, and in light of all the evidence in the case.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282 (1991).

[RJeversal of a jury verdict is unwarranted when a jury charge fairly covers the issues and law of a case.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282-83 (1991) (citations and quotations omitted).

[EJeversal of a jury verdict is unwarranted when a jury charge fairly covers the issues and law of a case.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282-83 (1991) (quotations and citations omitted); see also State v. King, 136 N.H. *561 674, 677, 621 A.2d 921, 923 (1993).

“The scope and wording of jury instructions is generally within the sound discretion of the trial court.” State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282 (1991).