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STATE v. NOCELLA

No. 82-547.

124 N.H. 163 (1983)

THE STATE OF NEW HAMPSHIRE v. ROBERT B. NOCELLA

Supreme Court of New Hampshire.

October 28, 1983.

Attorney(s) appearing for the Case

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

Scammon & Gage, of Exeter (Peter A Meneghin, III, on the brief and orally), for the defendant.

BATCHELDER, J.

The defendant, Robert B. Nocella, Sr., was indicted by the Rockingham County Grand Jury on June 1, 1982, on two counts alleging him to be a felon in possession of firearms contrary to RSA 159:3. Under this charge, the State must prove that the defendant was in possession of one of the statutorily proscribed firearms and, at the time of such possession, had been convicted in this or any other State of a felony...

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