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STATE v. McGANN

No. 82-339.

124 N.H. 101 (1983)

THE STATE OF NEW HAMPSHIRE v. MICHAEL McGANN.

Supreme Court of New Hampshire.

October 26, 1983.

Attorney(s) appearing for the Case

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

Joanne Green, assistant appellate defender, of Concord, by brief and orally, for the defendant.

BATCHELDER, J.

The defendant, Michael McGann, was indicted by the Cheshire County Grand Jury for the crime of receiving stolen property. RSA 637:7. After a trial by jury, he was convicted. The defendant appeals, claiming that the Trial Court (Dalianis, J.) improperly denied both his motion to suppress and his motion to dismiss made after the close of the State's case. We agree that the motion to suppress should have been granted and, therefore, reverse.

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