STATE v. BERGE

No. 5943.

109 N.H. 570 (1969)

STATE v. RICHARD A. BERGE & a.

Supreme Court of New Hampshire.

Decided October 31, 1969.


Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General, and Henry F. Spaloss, Assistant Attorney General (Mr. Spaloss orally), for the State.

Bell & Kennedy (Mr. William H. Kennedy orally), for the defendants.


GRIMES, J.

The defendants were indicted on January 22, 1969, for unlawfully selling a narcotic drug, marijuana, in violation of RSA 318-A:2. There are three indictments against Prevost and one against Berge. At their arraignment and before a plea, they both moved to quash the indictments on the ground that RSA 318-A:21 II which establishes the penalty at a minimum of five years, also provides that "the imposition or execution of sentence shall not be suspended" and...

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