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STATE v. ELLSWORTH

No. 4514.

100 N.H. 301 (1956)

STATE v. ELMER HERBERT ELLSWORTH.

Supreme Court of New Hampshire.

Decided July 6, 1956.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Warren E. Waters, Deputy Attorney General, and John W. Stanley, Jr., county solicitor (Mr. Waters orally), for the State.

James C. Cleveland (by brief and orally), for the defendant.

BLANDIN, J.

The record discloses that when the motion to dismiss was made prior to the trial the county solicitor, in response to a question by the defendant's attorney, stated that the offense charged was under RSA 580:1, and added, "False Pretenses is the title." The material portions of this statute read as follows: "FALSE PRETENSES. If any person, with intent to cheat or defraud, shall, by personating or representing another, or by means of any false pretense...

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