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STATE v. LIZOTTE

No. 4685.

101 N.H. 494 (1959)

STATE v. RUDOLPH R. LIZOTTE.

Supreme Court of New Hampshire.

Decided January 30, 1959.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Elmer T. Bourque, Assistant Attorney General, and Conrad Danais, county attorney, for the State.

William D. Tribble and Walter H. Gentsch for the respondent.

DUNCAN, J.

RSA 579:3 provides in part: "If any person shall be guilty of gross lewdness or lascivious behavior such person shall be imprisoned not more than six months or fined not more than two hundred dollars, or both . . . ." The nature of the offense with which the respondent is charged was recently considered and defined in State v. Smith, 98 N.H. 149. "The gist of the offense is lustful conduct, tending by its probable...

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