Chapter 606: Trial

Petit jurors attending the court may be impanelled for the trial of any criminal case and may be examined as in civil cases and otherwise, as to their fitness and capacity to perform the duty of jurors on the trial.

The following oath shall be administered to petit jurors in criminal cases: You solemnly swear or affirm that you will carefully consider the evidence and the law presented to you in this case and that you will deliver a fair and true verdict as to the charge or charges against the defendant. So help you God.

Every person arraigned and put on trial for an offense may, in addition to challenges for cause or unless he stands wilfully mute, peremptorily challenge:

I. 20 jurors for capital murder.

II. 15 jurors for murder in the first degree.

III. 3 jurors in any other case.

The state shall be entitled to the following number of peremptory challenges, in addition to challenges for cause, in the following cases:

I. Upon the trial for capital murder, 10 challenges.

II. Upon the trial for murder in the first degree, 15 challenges.

III. Upon the trial for any other case, 3 challenges.

The jury impanelled to try any criminal case may be kept separate from all other persons during the trial, if, upon cause shown, the court shall so order, and not otherwise.

In capital cases witnesses may be called in behalf of the state to rebut or explain any evidence of new matter offered by the defendant, or to discredit his witnesses, though the names of such witnesses have not been furnished to the defendant, but time may be allowed the defendant to answer such evidence, if, in the opinion of the court, justice shall require it.

Any defendant in the superior court in a criminal case other than a capital case may, if he shall so elect, when called upon to plead, or later and before a jury has been impanelled to try him, waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court, whereupon he shall be tried by the court instead of by a jury, but not, however, unless all the defendants, if there are 2 or more to be tried together for the same offense, shall have exercised such election before a jury has been impanelled to try any of the defendants. In every such case the court shall have jurisdiction to hear and try the case and render judgment and sentence thereon.

Six persons shall constitute a jury for the trial in the superior court of any offense punishable by imprisonment for any period not exceeding one year.

Trials by juries of 6 shall proceed in accordance with provisions of law applicable to trials of criminal cases in the superior court, except that the number of peremptory challenges shall be limited to 2 for each defendant. The state shall be entitled to as many challenges as equal the whole number to which all the defendants in the case are entitled.

I. As used in this section, "order" shall mean any decision by a court on a question of law including, but not limited to, any order, ruling, decision or judgment.

II. An appeal may be taken by the state in criminal cases on questions of law from the district or municipal courts or from the superior court to the supreme court from:

(a) An order of the court prior to trial which suppresses any evidence including, but not limited to, physical or identification evidence or evidence of a confession or admission;

(b) An order prior to trial which prevents the state from obtaining evidence;

(c) A pretrial dismissal of an indictment, information or complaint; or

(d) Any other order of the court prior to trial if, either because of the nature of the order in question or because of the particular circumstances of the case, there is a reasonable likelihood that such order will cause either serious impairment to or termination of the prosecution of any case.

III. An appeal may be taken by the state from the superior court or the district or municipal courts to the supreme court, after trial and after a finding of guilty by a jury or the court, from:

(a) The granting of a motion for a new trial;

(b) Dismissal; or

(c) Any other order requiring a new trial or resulting in termination of the prosecution in favor of the accused if an appeal of such order would be permitted by the double jeopardy provisions of the constitutions of the United States and New Hampshire.

IV. An appeal taken pursuant to paragraph II shall be taken before the defendant has been placed in jeopardy.

V. No appeal may be taken pursuant to this section unless the attorney general approves such appeal. Written approval of the attorney general shall be filed:

(a) At the time the notice of the appeal is filed; or

(b) Within 5 business days, if the attorney for the state filing the notice of appeal states in such notice that the attorney general has orally given his approval.

VI. The provisions of this section shall be liberally construed to effectuate its purpose of insuring that the state is able to proceed to trial with all of the evidence which it is legally entitled to introduce, in view of the limited ability of the state to have error reviewed after trial.

VII. The supreme court may adopt rules implementing the provisions of this section.