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STATE v. COOK

No. 3906.

96 N.H. 212 (1950)

STATE v. ROY B. COOK.

Supreme Court of New Hampshire.

April 4, 1950.

Attorney(s) appearing for the Case

William L. Phinney, Attorney General, and Harry C. Lichman, County Solicitor (Mr. Lichman orally), for the State.

William H. Watson (by brief and orally), for the defendant.

LAMPRON, J.

The defendant was put in jeopardy by his trial in the Municipal Court. The complaint in charging the defendant with a second conviction stated that he had been previously convicted "in the Cheshire County Superior Court, at the September term, 1945.. . ." The information described it more fully as having taken place "in the Cheshire County Superior Court on October 16, 1945. . . ." This failure to recite the prior conviction more precisely in the complaint...

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