STATE v. ACTON

No. 6915.

115 N.H. 254 (1975)

STATE OF NEW HAMPSHIRE v. JOSEPH A. ACTON.

Supreme Court of New Hampshire.

May 30, 1975.


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.

Clifford J. Ross, by brief and orally, for the defendant.


KENISON, C.J.

The two issues presented by this appeal are whether a ward clerk who allegedly aided a selectman in fraudulently adding votes to those cast in a municipal primary election is chargeable with official malfeasance under RSA 69:9 and whether the complaint contains an adequate allegation of criminal intent on the part of the defendant. RSA 44:12 (Cities and Wards: Ward Officers); RSA 69:9, as amended (Supp. 1973) (Official Malfeasance).

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