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STATE v. BROBST

No. 2003-503

151 N.H. 420 (2004)

THE STATE OF NEW HAMPSHIRE v. MICHAEL B. BROBST

Supreme Court of New Hampshire

Opinion Issued: September 9, 2004

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Dawnangela Minton, assistant appellate defender, of Concord, on the brief, and Christopher M. Johnson, chief appellate defender, of Concord, orally, for the defendant.

DALIANIS, J.

The State appeals the order of the Superior Court (Groff, J.) granting the defendant's motion to dismiss a charge of harassment, see RSA 644:4, I(a) (1996), because the court determined that the statute under which the defendant, Michael B. Brobst, was charged is unconstitutionally overbroad in violation of his rights under Part I, Article 22 of the New Hampshire Constitution and the First and Fourteenth Amendments of the Federal Constitution...

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