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Aug 30, 2016 3:49 PM

NH man convicted of '71 murder seeking new trial

The Associated Press

CONCORD (AP) — The New Hampshire Supreme Court says a man convicted of killing an 18-year-old woman more than four decades ago will be able to argue he should get a new trial.

Robert Breest denies beating Susan Randall to death in February 1971. He has attempted to clear his name through DNA evidence, arguing it would show Randall had a violent struggle with at least two men and contradicting claims Breest acted alone.

A Merrimack County Superior Court judge rejected his request for a new trial in 2015, prompting an appeal to the state Supreme Court. In a brief filed earlier this year, the defense says the court should have considered whether the new evidence would have resulted in a hung jury, rather than acquittal.

Oral arguments will be heard Oct. 6.

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