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STATE v. ALWARDT

No. 2011-076.

53 A.3d 545 (2012)

The STATE of New Hampshire v. Bryan ALWARDT.

Supreme Court of New Hampshire.

Opinion Issued: August 17, 2012.

Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Susan P. McGinnis , senior assistant attorney general, on the brief and orally), for the State.

Stephanie Hausman , assistant appellate defender, of Concord, on the brief and orally, for the defendant.

LYNN, J.

Following a jury trial in Superior Court (Garfunkel, J.), the defendant, Bryan Alwardt, was convicted of second degree assault and criminal restraint based on accomplice liability principles.1 See RSA 631:2, I(c) (2007 & Supp.2011); RSA 633:2 (2007); RSA 626:8 (2007). On appeal, he argues that the trial court erred in: (1) failing to dismiss the assault charge due to insufficient evidence; (2) failing to dismiss...

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