STATE v. FRANCOEUR

No. 81-132.

122 N.H. 386 (1982)

THE STATE OF NEW HAMPSHIRE v. PHILIP A. FRANCOEUR.

Supreme Court of New Hampshire.

May 12, 1982.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Brian T. Tucker, assistant attorney general, on the brief and orally), for the State.

Gall, Shapiro & Groff, of Nashua (William J. Groff on the brief and orally), for the defendant.


BROCK, J.

The defendant was charged with the unlawful possession of a narcotic drug (cocaine) with the intent to sell, in violation of RSA 318-B:26 I(a)(1) (Supp. 1981). After a jury-waived trial in the Superior Court (Cann, J.), he was found guilty, and, on this appeal, he argues that the evidence produced at trial by the State was insufficient to sustain his conviction under RSA 318-B:26 I(a)(1) (Supp. 1981). We agree and therefore reverse.

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