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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