STATE v. PELKY

No. 87-420

131 N.H. 715 (1989)

THE STATE OF NEW HAMPSHIRE v. MICHAEL PELKY

Supreme Court of New Hampshire

June 28, 1989


Attorney(s) appearing for the Case

John P. Arnold, attorney general (John S. Davis, assistant attorney general, on the brief and orally), for the State.

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


JOHNSON, J.

The State appeals from an order of the Superior Court (Gray, J.) granting a motion by the defendant to quash an indictment charging him with second degree assault. RSA 631:2. We reverse and remand.

On October 8, 1986, the defendant, Michael Pelky, struck a bicycle ridden by Walter Ginalski with his truck. Mr. Ginalski, who had been riding near the white fog line bordering the southbound lane of Bypass Route 28 in Auburn at the time of the...

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