STATE v. MOCCIA

No. 78-186.

119 N.H. 169 (1979)

THE STATE OF NEW HAMPSHIRE v. NICHOLAS MOCCIA, C. SCOTT HEGGIE, SANDRA FOUCHER, AND HENRY FOUCHER

Supreme Court of New Hampshire.

March 23, 1979.


Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Richard B. McNamara, assistant attorney general, orally), for the State.

G. Page Brown, of Exeter (Jay J. Curley, of Wakefield, Massachusetts, orally), for defendants Moccia and Heggie.

Fisher & Randlett, of Portsmouth (Arthur C. Randlett, by brief), for the defendants Foucher.


DOUGLAS, J.

The defendants Nicholas Moccia and C. Scott Heggie were indicted for unlawful possession of marijuana in excess of one pound. RSA 318-B:26 I(c) (Supp. 1977). After an evidentiary hearing, the defendants' motion to suppress evidence obtained from a wiretap and marijuana seized pursuant to a search warrant was denied. Trial by jury resulted in a verdict of guilty. The defendants excepted to the denial of the motion to suppress and their exceptions were transferred...

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