State v. Sinbandith - 143 N.H. 579, 729 A.2d 994 (1999)

Rule:

In New Hampshire, defendant waives his right to a specific jury instruction unless the request is timely made. Moreover, a specific objection is required to preserve a challenge to jury instructions as given. This requirement affords the trial court an opportunity to correct an error it may have made and is particularly appropriate where an alleged error involves a jury instruction.

Facts:

In the course of the investigation of Corporal Nightingale, he made arrangements with the defendant for several purchases of crack cocaine. On four occasions, Nightingale gave the defendant a sum of money, and the defendant drove to a separate location. On all but one of these occasions either the defendant’s girlfriend or another associate of the defendant accompanied the defendant to the other location. Defendant was convicted on seven indictments relating to the sale of a controlled drug. On appeal, defendant challenged the sufficiency of the jury instructions. The State argued that the defendant’s argument was not properly preserved. The defendant also challenged the trial court's failure to dismiss indictments that did not allege the proper mens rea. 

Issue:

1. Did the defendant preserve his jury instruction challenge for appellate review? 
2. Should the indictments have been dismissed for being defective? 

Answer:

1) No. 2) No.

Conclusion:

The court found that defendant had not preserved his jury instruction challenge for appellate review. Under New Hampshire law, defendant waived his right to a specific jury instruction unless the request had been timely made. The court disagreed with defendant's contention that, notwithstanding his lack of objection, the right to a unanimous jury instruction was a fundamental trial right, and that he, therefore, had no obligation to alert the trial court to its potential error. With regard to defendant's challenge to his indictments, the court opined that an indictment was constitutionally sufficient if it provided enough information to apprise defendant of the charges.