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STATE v. MITCHELL

No. 7753.

118 N.H. 1 (1978)

THE STATE OF NEW HAMPSHIRE v. PETER MITCHELL & a.

Supreme Court of New Hampshire.

January 16, 1978.

Attorney(s) appearing for the Case

David H. Souter, attorney general (Edward N. Damon, assistant attorney general, orally), for the State.

William P. Shea and Lee Mattson, of Sanbornville (Mr. Mattson orally), for the defendants.

MEMORANDUM OPINION

Defendants were convicted in Durham District Court of attempted theft in violation of RSA 637:3. There is no transcript of the testimony. After several procedural events not material to the issue before us, the District Court (Nadeau, J.) denied the defendants' motion to certify to this court, in advance of an appeal de novo to the superior court, the question whether the evidence was sufficient to support the guilty verdict. Defendants...

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