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STATE v. MACDONALD

No. 6712.

113 N.H. 725 (1973)

STATE OF NEW HAMPSHIRE v. GARY MACDONALD

Supreme Court of New Hampshire.

December 28, 1973.

Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Thomas D. Rath, assistant attorney general (Mr. Rath orally), for the State.

Leonard & Harkaway and William J. Groff (Mr. Groff orally) for the defendant.

KENISON, C.J.

The defendant was indicted for aggravated assault. At trial the primary defense was an alibi. The jury was instructed that it could find the defendant guilty of simple assault (RSA 585:21 (Supp. 1972)), or aggravated assault (RSA 585:22 (Supp. 1972)), or bring in a verdict of not guilty. The resulting verdict of the jury was guilty of aggravated assault. The defendant's motion to set aside the verdict because not supported by sufficient evidence was...

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