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STATE v. PREVOST

No. 95-676.

141 N.H. 559 (1997)

THE STATE OF NEW HAMPSHIRE v. DAVID PREVOST

Supreme Court of New Hampshire.

January 23, 1997.

Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John P. Kacavas, assistant attorney general, on the brief and orally), for the State.

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

MEMORANDUM OPINION

JOHNSON, J.

The defendant, David Prevost, appeals his conviction for armed robbery, see RSA 636:1, III (1996), on the basis that the Superior Court (Barry, J.) impermissibly amended the underlying indictment. We reverse and remand.

The defendant was indicted for the armed robbery of Sully's Superette in Manchester. Armed robbery, a class A felony, is defined by statute as...

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