STATE v. SMALL

No. 6246.

112 N.H. 154 (1972)

STATE v. ROLAND SMALL.

Supreme Court of New Hampshire.

April 28, 1972.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Robert V. Johnson II, assistant attorney general (Mr. Johnson orally), for the State.

Fisher, Parsons, Moran & Temple, by brief, for the defendant.


PER CURIAM.

Defendant was indicted for having committed an "unnatural and lascivious act", a felony under RSA 579:9. Defendant moved to dismiss on the ground that the acts alleged do not constitute the offense charged. His motion was denied by Loughlin, J., who transferred defendant's exceptions. We uphold the ruling of the trial court.

The conduct alleged would constitute an attempt to commit the common-law crime of sodomy on another male. Defendant...

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