STATE v. PECK

No. 94-243.

140 N.H. 333 (1995)

THE STATE OF NEW HAMPSHIRE v. CHARLES PECK

Supreme Court of New Hampshire.

October 27, 1995.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Cynthia L. White, assistant attorney general, on the brief), for the State.

James E. Duggan, chief appellate defender, of Concord, and Rebecca Thorne, public defender, of Stratham, by brief for the defendant.


MEMORANDUM OPINION

BATCHELDER, J.

The defendant, Charles Peck, was convicted of theft by unauthorized taking, RSA 637:3 (1986), after a jury trial in Superior Court (Morrill, J.). On appeal, he argues that the Superior Court (Lynn, J.) erred in denying his motion to dismiss the indictment, and that the trial court erred in refusing to instruct the jury that it could find the defendant guilty of shoplifting as a lesser-included offense. We affirm...

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