STATE v. HANCOCK

No. 2006-186.

934 A.2d 551 (2007)

The STATE of New Hampshire v. Richard HANCOCK.

Supreme Court of New Hampshire.

Opinion Issued: October 16, 2007.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Benjamin J. Agati, assistant attorney general, on the brief and orally), for the State.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DALIANIS, J.

The defendant, Richard Hancock, appeals his conviction by a jury and his sentence in Superior Court (Barry, J.) for misdemeanor simple assault. See RSA 631:2-a (2007). We affirm in part, vacate in part and remand.

The jury could have found the following facts: Two probation officers arrested the defendant in his home for violating the terms of his probation. During transport to the house of correction, he threatened to sue the officers...

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