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STATE v. FOSTER

No. 79-465.

120 N.H. 654 (1980)

THE STATE OF NEW HAMPSHIRE v. STEPHEN FOSTER

Supreme Court of New Hampshire.

September 26, 1980.

Attorney(s) appearing for the Case

Gregory H. Smith, acting attorney general, and Michael A. Pignatelli, attorney, by brief for the State.

Elliott & Jasper, of Newport, by brief for the defendant.

MEMORANDUM OPINION

The State charged the defendant with possessing a mop handle fashioned with a metal prong at each end in violation of RSA 642:7 II, which prohibits a person in official custody from possessing anything which "may facilitate escape." At trial, the defendant moved to dismiss on the ground that the statute was unconstitutionally vague on its face and as applied to him. The motion was denied by DiClerico...

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