STATE v. ERICKSON

No. 86-509.

129 N.H. 515 (1987)

THE STATE OF NEW HAMPSHIRE v. ANN ERICKSON

Supreme Court of New Hampshire.

July 22, 1987


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Bradford W. Kuster, assistant attorney general, on the brief, and T. David Plourde, assistant attorney general, orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.


JOHNSON, J.

The defendant was convicted by a jury in the Superior Court (Dunn, J.) on two indictments of theft by deception. Her appeal raises the following question for our review: whether the trial court impermissibly amended an indictment which charged the defendant with a "purpose to deprive by withholding the property permanently," by instructing the jury that "purpose to deprive" included "withhold[ing] [the] property permanently or for so extended...

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