STATE v. HUGHES

No. 90-445.

135 N.H. 413 (1992)

THE STATE OF NEW HAMPSHIRE v. KEVIN HUGHES

Supreme Court of New Hampshire.

March 25, 1992.


Attorney(s) appearing for the Case

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

Kinghorn & Maynard P.A., of Nashua (Steven L. Maynard on the brief and orally), for the defendant.


HORTON, J.

This is an interlocutory appeal from the Superior Court's (Hampsey, J.) denial of the defendant's motion to dismiss a misdemeanor charge for possession of marijuana. The issue presented in this case is whether the earlier dismissal of a felony indictment against the defendant under the rule enunciated in State v. Hastings, 120 N.H. 454, 417 A.2d 7 (1980), bars this subsequent misdemeanor prosecution initiated...

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