STATE v. POWELL

No. 89-035

132 N.H. 562 (1989)

THE STATE OF NEW HAMPSHIRE v. PAUL POWELL

Supreme Court of New Hampshire.

December 28, 1989


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Michael D. Ramsdell, assistant attorney general, on the brief, and Mr. Ramsdell orally), for the State.

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


JOHNSON, J.

The defendant was convicted after a jury trial in Superior Court (Contas, J.) of violating RSA 647:1, I, by selling a Massachusetts Megabucks ticket to another person. Defendant appeals the conviction, arguing that, properly interpreted, this statute does not apply to his conduct. We agree and therefore reverse.

The material facts of this case are not in dispute. Defendant is a 63-year-old retired man living in Keene. Until the time of his...

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