STATE v. VARNEY

No. 6934.

114 N.H. 642 (1974)

STATE OF NEW HAMPSHIRE v. ERNEST GEORGE VARNEY.

Supreme Court of New Hampshire.

September 30, 1974.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and David W. Hess, assistant attorney general (Mr. Thomas D. Rath orally), for the State of New Hampshire.

Janelle, Nadeau & Jette (Mr. Ernest A. Jette orally) for the defendant.


KENISON, C.J.

The defendant was indicted and convicted after trial by jury of aggravated assault under RSA 585:22, the controlling statute at the time of the offense. In this appeal he moves to set aside the verdict on the ground that the assault was not an aggravated one. The defendant's exceptions were reserved and transferred by Cann, J. The principal question before the court is whether defendant's actions constituted an aggravated assault as that offense...

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