STATE v. LECLAIR

No. 7819.

118 N.H. 214 (1978)

THE STATE OF NEW HAMPSHIRE v. GEORGE LECLAIR, JR.

Supreme Court of New Hampshire.

April 7, 1978.


Attorney(s) appearing for the Case

David H. Souter, attorney general (Richard B. McNamara, assistant attorney general, orally), for the State.

James E. Duggan, of Concord, by brief and orally for the defendant.


GRIMES, J.

The questions we consider in this armed robbery case are whether it was proper to admit certain identification evidence and whether defendant, without being separately indicted, could be sentenced under RSA 159:2 (Supp. 1975), which provides that when a person commits a crime when armed with a pistol, he shall in addition to the punishment provided for the crime be guilty of a Class B felony. We answer both questions in the negative.

Defendant was...

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