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STATE v. WICKEY

No. 5652.

108 N.H. 336 (1967)

STATE v. JOHN W. WICKEY.

Supreme Court of New Hampshire.

Decided November 30, 1967.

Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General and Henry F. Spaloss, Assistant Attorney General (Mr. Spaloss orally), for the State.

Cooper, Hall & Walker (Mr. Fred W. Hall, Jr. orally), for the defendant.

PER CURIAM.

RSA 579:9 proscribes "any unnatural and lascivious act with another person." The defendant's primary contention is that this felony is distinct from "gross lewdness or lascivious behavior" a misdemeanor (see RSA 579:3; State v. Smith, 98 N.H. 149, 150); and that the offense with which he is charged is not sodomy or a "crime against nature" in violation of RSA 579:9, supra. In essence he argues that the...

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