STATE v. BARTON

No. 95-753.

142 N.H. 391 (1997)

THE STATE OF NEW HAMPSHIRE v. JOHN BARTON

Supreme Court of New Hampshire.

November 6, 1997.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Richard J. Lehmann, attorney, on the brief and orally), for the State.

Joachim Barth, assistant appellate defender, of Concord, by brief and orally, for the defendant.


THAYER, J.

A jury convicted the defendant, John Barton, of attempted burglary. See RSA 635:1 (1996). The defendant appeals his conviction, asserting that the Superior Court (Lynn, J.) impermissibly amended the underlying indictment by instructing the jury regarding accomplice liability. See RSA 626:8, III(a) (1996). We affirm.

The underlying indictment sufficiently charged the defendant as a principal to an attempted burglary. At the conclusion...

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