STATE v. MCNALLY

No. 81-424.

122 N.H. 892 (1982)

THE STATE OF NEW HAMPSHIRE v. MICHAEL MCNALLY.

Supreme Court of New Hampshire.

October 14, 1982.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Marc R. Scheer, assistant attorney general, on the brief and orally), for the State.

DiMento & Sullivan, of Boston, Massachusetts, and Ross & Davis, of Manchester (Richard B. Michaud on the brief, and Thomas C. Cameron and Clifford J. Ross orally), for the defendant.


DOUGLAS, J.

The issue in this case is whether a defendant who has been convicted of larceny in Massachusetts may subsequently be prosecuted in New Hampshire under RSA 637:7 for retaining the same property which he stole in Massachusetts. We hold that New Hampshire is not barred from prosecuting the defendant.

On June 12, 1981, the Commonwealth of Massachusetts charged the defendant, Michael McNally, with larceny of air-carbide bits in violation of Massachusetts...

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