STATE v. TAYLOR

No. 91-115.

136 N.H. 131 (1992)

THE STATE OF NEW HAMPSHIRE v. DONALD TAYLOR

Supreme Court of New Hampshire.

August 27, 1992.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Geoffrey J. Ransom, attorney, on the brief), by brief for the State.

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


THAYER, J.

The defendant, Donald Taylor, was convicted of theft of a firearm, RSA 637:11 (Supp. 1991). He argues on appeal that the Superior Court (Manias, J.) erred in not dismissing his indictment because there was insufficient evidence to prove that the firearm was capable of discharging a projectile by force of gunpowder at the time of the offense. Because the State was not required to prove operability at the time of the offense, we affirm.

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