State v. Morehouse

On Rehearing

PER CURIAM.

After the foregoing decision was filed, the defendant moved for rehearing on several grounds. One of these *745was our asserted error in denying defendant’s motion, filed well after oral argument, that we consider, as an additional issue on appeal, the trial court’s charge on the issue of reasonable doubt. We granted rehearing solely on this ground. Because defendant took a timely exception at trial to the judge’s charge on reasonable doubt, and because that charge was virtually identical to the charge that required reversal in State v. Aubert, 120 N.H. 634, 421 A.2d 124 (1980), we reverse and remand for a new trial.

Reversed and remanded.