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STATE v. HARLAN

No. 7471.

116 N.H. 598 (1976)

STATE OF NEW HAMPSHIRE v. WALTER J. HARLAN, JR., & a.

Supreme Court of New Hampshire.

September 30, 1976.

Attorney(s) appearing for the Case

David H. Souter, attorney general, Richard V. Wiebusch, and W. John Funk, assistant attorneys general (Mr. Funk orally), for the State.

Emile R. Bussiere, by brief and orally, for the defendant Walter J. Harlan, Jr.; Stanley M. Brown and Vincent F. Dooley (Mr. Dooley orally) for the defendants Richard Finucan and George Lussier; Wadleigh, Starr, Peters, Dunn & Kohls and Robert L. Chiesa (Mr. Chiesa orally) for the defendant James McDermott.

DUNCAN, J.

The defendants who are wholesale and used car dealers in Manchester, New Hampshire, were charged in multiple indictments with theft by deception. RSA 637:4. All defendants moved on various grounds to dismiss the indictments. With respect to defendants Harlan, McDermott, and Lussier, the motions were reserved and transferred without ruling in advance of trial (Loughlin, J.). Defendant Finucan's motion was "granted conditioned upon consolidation and...

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