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STATE v. MERRIAM

No. 2003-273.

150 N.H. 548 (2004)

THE STATE OF NEW HAMPSHIRE v. STEPHEN MERRIAM.

Supreme Court of New Hampshire.

Opinion Issued: February 13, 2004.

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Gabriel Nizetic, of Plymouth, by brief and orally, for the defendant.

BRODERICK, C.J.

The defendant, Stephen Merriam, was charged with simple assault, RSA 631:2-a (1996), and criminal mischief, RSA 634:2 (Supp. 2003). The State appeals the order of the Plymouth District Court (Samaha, J.) granting the defendant's motion to dismiss both charges. We reverse and remand.

The record supports the following facts. On December 23, 2002, in Campton, the defendant threw his ex-girlfriend...

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