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STATE v. HEINZ

No. 78-267.

119 N.H. 717 (1979)

THE STATE OF NEW HAMPSHIRE v. THOMAS J. HEINZ

Supreme Court of New Hampshire.

October 12, 1979.

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (John C. Boeckeler, assistant attorney general, orally), for the State.

Wiggin & Nourie, of Manchester (Gary E. Hicks and L. Jonathan Ross orally), for the defendant.

BROCK, J.

Thomas Heinz was indicted by the Grafton County grand jury for eight counts of theft by misapplication. RSA 637:10. The defendant moved to dismiss the indictments on the ground of former jeopardy, arguing that his prior federal conviction for embezzlement, 18 U.S.C. § 656 (1976), was for the same offense as the present State indictments. After a hearing on defendant's motion in Grafton County Superior Court...

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