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SHEA EX REL. SAIDE v. HELGEMOE

No. 7459

116 N.H. 640 (1976)

JOHN P. SHEA ON BEHALF OF RICHARD GEORGE SAIDE v. RAYMOND A. HELGEMOE, WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

October 29, 1976.

Attorney(s) appearing for the Case

John P. Shea, by brief and orally, for the plaintiff.

David H. Souter, attorney general, and James L. Kruse, assistant attorney general (Mr. Kruse orally), for the defendant.

KENISON, C.J.

The plaintiff, Richard G. Saide, was indicted for transporting a controlled drug into the State with an intent to sell or dispense contrary to the provisions of RSA ch. 318-B (Supp. 1975). He entered a plea of guilty to the charge. Before sentencing the plaintiff, Flynn, J., sua sponte questioned the validity of the charge because the language of the indictment was taken from the penalties section of...

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