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Criminal Law Keyed to Weaver
State v. Burley
Citation:
137 N.H. 286, 627 A.2d 98 (1993)Facts
Burley was at home with his ex-wife with he had reconciled with. He had been drinking beer since noon. Burley called the police at 6:11 stating Glines suffered from a gunshot wound. Burley claims he was holding the .22 pistol and .22 rifle for a friend. He claimed he loaded the gun and then went to get a beer and then watched TV for 20 minutes. He then went to clean the gun and it went off hitting Glines. Searching the house the police found two spent casings in the trash can. Burley stated that he was fooling around with the rifle several days early and it fired into the wall. Several days later Burley admitted he had not been cleaning the rifle. He stated he had been fooling around with the gun on the floor and it went off. In all he gave police three different accounts of how he was holding the gun. Defendant admitted that he was familiar how the operation of a .45 caliber pistol was and that is functionally similar to a .22 caliber pistol.
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