STATE v. JANVRIN

No. 80-371

121 N.H. 370 (1981)

THE STATE OF NEW HAMPSHIRE v. ALFRED C. JANVRIN, JR.

Supreme Court of New Hampshire

May 7, 1981


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Donald J. Perrault, assistant attorney general, on the brief and orally), for the State.

Shute, Engel & Morse P.A., of Exeter (David C. Engel on the brief and Mark S. Gearreald orally), for the defendant.


PER CURIAM.

The issue in this conspiracy to commit arson case is whether the constitutional prohibition against double jeopardy bars the retrial of the defendant on the present indictment when a previous defective indictment alleging the same offense was dismissed on the defendant's motion after the jury was empaneled and sworn. We hold that it does not.

The defendant was indicted in June 1979 for conspiring with...

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