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STATE v. THOMAS

No. 2005-405

908 A.2d 774 (2006)

THE STATE OF NEW HAMPSHIRE v. RAYMOND PAUL THOMAS.

Supreme Court of New Hampshire.

Opinion Issued September 27, 2006

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.

Andrew Winters and Theodore M. Lothstein, assistant appellate defenders, of Concord (Mr. Winters on the brief, and Mr. Lothstein orally), for the defendant.

HICKS, J.

The defendant, Raymond Paul Thomas, appeals his conviction of one count of attempted murder, see RSA 629:1 (Supp. 2005), and one count of first degree assault, see RSA 631:1 (1996), following a jury trial in the Superior Court (Hampsey, J.). He argues that the trial court erred by refusing to instruct the jury on the ostensibly lesser-included offenses of attempted first degree assault...

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