State v. Place

Summary

The New Hampshire Supreme Court affirmed Abbott M. Place’s conviction for simple assault. The court held that the evidence did not support a mutual-combat jury instruction because it showed no express or implied agreement between Place and the victim to fight.

Holdings

1. A mutual-combat instruction is warranted only when there is some evidence that both parties agreed to participate in a fight, either expressly or by implication. The evidence here did not support a reasonable finding of such an agreement.
2. The court did not reach the constitutional claims because Place failed to establish the evidentiary predicate for a mutual-combat instruction.

Questions Presented

1. Whether the trial court erred by refusing to instruct the jury on mutual combat under RSA 631:2-a.
2. Whether the evidence that the parties argued, Sherrard slapped Place, and Place responded constituted some evidence that they had agreed, expressly or by implication, to fight.

Disposition

affirmed