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STATE v. MERSKI

No. 82-092

123 N.H. 564 (1983)

THE STATE OF NEW HAMPSHIRE v. LEONARD J. MERSKI

Supreme Court of New Hampshire.

August 26, 1983

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Michael A. Pignatelli, assistant attorney general, on the brief and orally), for the State.

Sheehan, Phinney, Bass & Green P.A., of Manchester (W. Michael Dunn, Stephen E. Weyl, and Debra L. Weiss on the brief, and Mr. Weyl orally), for the defendant.

DUNN, J. (Sitting by special assignment pursuant to RSA 490:3.)

The defendant appeals from a jury verdict in the Superior Court (Souter, J.) finding him guilty of theft by unauthorized taking, RSA 637:3. For the reasons set forth below, we uphold the trial court and affirm the defendant's conviction.

The Merrimack County Grand Jury on November 6, 1980, handed down an indictment which stated that the defendant

"did purposely obtain [$5,989.50...

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