STATE v. SPADE

No. 2009-624.

13 A.3d 855 (2010)

The STATE of New Hampshire v. Timothy SPADE.

Supreme Court of New Hampshire.

Opinion Issued: November 30, 2010.


Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Nicholas Cort , assistant attorney general, on the brief and orally), for the State.

Pamela E. Phelan , assistant appellate defender, of Concord, on the brief and orally, for the defendant.


BRODERICK, C.J.

The State appeals an order of the Superior Court (Abramson, J.) dismissing indictments against the defendant, Timothy Spade, that charged him with several counts of aggravated assault under RSA 642:9, II (2007). We reverse and remand.

The facts, briefly stated, are drawn from the trial court's order or otherwise are not in dispute. As an inmate at the Hillsborough County House of Correction, the defendant was indicted on six counts of...

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