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STATE v. PARTLOW

No. 7567.

117 N.H. 78 (1977)

STATE OF NEW HAMPSHIRE v. JACKIE PARTLOW.

Supreme Court of New Hampshire.

January 31, 1977.

Attorney(s) appearing for the Case

David H. Souter, attorney general, and Edward A. Haffer, assistant attorney general (Mr. Haffer orally), for the state.

Bruce R. Jasper, of Newport, by brief and orally, for the defendant.

KENISON, C.J.

The defendant was found guilty of receiving four automobile tires, the value of which was less than $100, knowing and believing that the tires were stolen. RSA 637:7. Ordinarily, this crime is a misdemeanor. RSA 637:11 III. However, theft constitutes a class B felony if "the actor has been twice before convicted of theft of property or services valued at one hundred dollars or less ...." RSA 637:11 II(b). The defendant has been convicted of, or has pleaded...

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