STATE v. McCOOEY

No. 2001-352.

148 N.H. 86 (2002)

THE STATE OF NEW HAMPSHIRE v. JOHN D. McCOOEY

Supreme Court of New Hampshire.

Opinion Issued: July 22, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Susan P. McGinnis, attorney, on the brief and orally), for the State.

Edward T. Clancy, of Dover, by brief and orally, for the defendant.


BROCK, C. J.

The defendant, John D. McCooey, appeals his conviction in Dover District Court (Morrison, J.) for disorderly conduct. RSA 644:2, III(b) (1996). He argues that the evidence was insufficient, his First Amendment rights were violated, and the complaint was facially deficient. We reverse.

In March 2001, the defendant, a senior at Dover High School, was in Marjorie Spaulding's English class. Toward the end of the period, the defendant asked...

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