State v. Barker, 7546

• Decision Date: 27 June 1977
• Docket Number: No. 7546,7546
• Citation: 374 A.2d 1179,117 N.H. 543
• Parties: STATE of New Hampshire v. William BARKER.
• Court: New Hampshire Supreme Court

Page 1179

374 A.2d 1179

117 N.H. 543

STATE of New Hampshire v. William BARKER.

No. 7546.

Supreme Court of New Hampshire.

June 27, 1977.

David H. Souter, Atty. Gen., and Edward N. Damon, Asst. Atty. Gen., for the state.

Leonard J. Merski, Concord, by brief and orally, for the defendant.

DOUGLAS, Justice.

We are asked herein to decide whether testimony as to defendant's prior drug-related offenses was improperly admitted into evidence at his trial for possession of marijuana. For the reasons which follow below, we hold that no abuse of discretion occurred through the trial court's admission of this testimony.

Defendant William Barker was tried by jury on April 14, 1976, on the charge of possession of a controlled drug, i. e., marijuana, in excess of one pound. A verdict of guilty was rendered. During the course of the trial, the defendant took exception to rulings of the trial court admitting certain evidence. All questions of law raised thereby were reserved and transferred by Keller, C. J.

Testimony was offered at defendant's trial that during surveillance of his house by state police narcotics officers on July 10, 1974, the defendant was observed to emerge from his house and walk to a vehicle parked in the yard. He was seen to strap on a revolver and to pick up several red-colored packages, each the size of a shoe box. Accompanied by another person, the defendant carried the packages across the street and entered the surrounding woods. The two returned after a few minutes, at which time the defendant was not carrying the packages. Three hours later police officers found several plastic bags of marijuana wrapped in red-colored material near the path on which the defendant and his companion had been seen walking. The marijuana weighed more than one pound. Before the defendant went into the woods, the police had searched the area where the marijuana was subsequently discovered, but had found nothing. In the interim, the defendant and his companion were the only persons observed on the path.

The defendant took the stand and denied the charge. He testified that he often went into the woods in question in pursuit of his hobby, mycology. He stated that he was acquainted with various drug sellers who transacted business from his house and hid their drugs in the woods across the street. He further testified that he "quite frequently" walked in the woods with persons who were hiding drugs in that vicinity.

The defendant objects to testimony by Trooper Jay DeWolfe of the New Hampshire State police concerning three incidents occurring prior to the offense with which the defendant is charged. DeWolfe stated that on April 18, 1974, he went to the defendant's house with one Meurle Parenteau to purchase drugs. He gave ten dollars to Parenteau who went with the defendant across the street and into the same woods in which the drugs in this case were found. The defendant and Parenteau returned shortly, and Parenteau gave DeWolfe a very small white pill.

The second incident to which DeWolfe testified occurred on April 26, 1974, when he gave twenty dollars to one Ronald Ballam to purchase "two spoons of speed" from the defendant at his home. Again the two crossed the street and went into the woods. Upon their return Ballam handed DeWolfe two tinfoil packets.

Finally, DeWolfe testified that he returned to the defendant's house in late July or early August of 1974 with one Randy Keith. Again the defendant went with Keith...