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STATE v. NADLER

No. 2003-835

151 N.H. 244 (2004)

THE STATE OF NEW HAMPSHIRE v. ALLEN NADLER

Supreme Court of New Hampshire

Opinion Issued: July 15, 2004

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (N. William Delker, senior assistant attorney general, on the brief and orally), for the State.

Shuchman, Krause & Vogelman, P.L.L.C., of Exeter (Lawrence A. Vogelman and Joel T. Shaw on the brief, and Mr. Vogelman orally), for the defendant.

DALIANIS, J.

The defendant, Allen Nadler, brings this interlocutory appeal, see SUP. CT. R. 8, from an order of the Superior Court (Burling, J.) denying his pretrial motion to dismiss two felony counts of engaging in "unnatural and lascivious" acts, see RSA 579:9 (1955) (repealed 1973). We affirm and remand.

The defendant was indicted on April 18, 2003, for acts that took place in 1967, thirty...

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