119 N.H. 521 | N.H. | 1979
Defendant, a seventeen-year-old juvenile, was certified to the superior court as an adult for charges arising out of a robbery. A four-page order setting forth findings required by RSA 169:21 and State v. Smagula, 117 N.H. 663, 377 A.2d 608 (1977), was issued by Pautelas, J. The superior court remanded the case for an “evidentiary hearing” because there was no verbatim transcript of the district court proceedings accompanying the file. The two courts could not agree whether Smagula required a verbatim transcript. At the request of Harkaway, P.J., the case was transferred here without ruling by Cann, J., to allow us to clarify the “record” requirement of Smagula.
State v. Smagula requires the superior court to “accept the district court’s waiver decision unless upon review of the record it finds the ruling to have been unsupported by the evidence or erroneous as a matter of law.” Id. at 667, 377 A.2d at 611 (emphasis added). Because
Remanded.