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STATE v. KING

No. 83-124.

124 N.H. 643 (1984)

THE STATE OF NEW HAMPSHIRE v. HAROLD J. KING, JR.

Supreme Court of New Hampshire.

April 6, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Andrew L. Isaac, assistant attorney general, on the brief), by brief for the State.

Joanne Green, assistant appellate defender, of Concord, by brief for the defendant.

PER CURIAM.

The defendant was convicted of possession of a hypodermic syringe in violation of RSA 318:52-e (Supp. 1981). The defendant appeals from the ruling of the Trial Court (Cann, J.) denying his motion to dismiss on the ground that he, and not the State, bears the burden of proof with respect to the statutory exceptions to the prohibitions of RSA 318:52-e (Supp. 1981). We reverse.

On March 7, 1982, the...

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