STATE v. LESSARD

No. 82-061.

123 N.H. 788 (1983)

THE STATE OF NEW HAMPSHIRE v. GASTON R. LESSARD

Supreme Court of New Hampshire.

August 31, 1983.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Martha V. Gordon, assistant attorney general, on the brief and orally), for the State.

Leonard, Prolman & Leonard, of Nashua (Richard W. Leonard on the brief and orally), for the defendant.


BROCK, J.

The defendant, Gaston Lessard, although indicted for attempted first degree murder, RSA 629:1; RSA 630:1-a, and for the felonious use of a firearm, RSA 650-A:1 (Supp. 1981), was convicted of a lesser-included offense, first degree assault, RSA 631:1 (Supp. 1981), after a jury trial. The Superior Court (Pappagianis, J.) sentenced him to a term of imprisonment of five-to-ten years, and he appealed. For the reasons that follow, we reverse.

The...

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