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STATE v. DUNPHY

No. 6786.

114 N.H. 740 (1974)

STATE OF NEW HAMPSHIRE v. RICHARD S. DUNPHY.

Supreme Court of New Hampshire.

November 29, 1974.

Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Edward N. Damon, attorney (Mr. Damon orally), for the State.

Prolman & Holland (Mr. Francis G. Holland orally) for the defendant.

KENISON, C.J.

On July 20, 1973, defendant was arrested in Nashua, New Hampshire, and charged with the unlawful possession of a controlled drug in violation of RSA 318-B:2 (Supp. 1973). The complaint specified that this was a second offense based on the allegation that the defendant was arrested in 1971 for "unlawful possession and dispensing" of a controlled drug and subsequently convicted in 1972. At the probable cause hearing in August 1973, defendant's motion to...

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