STATE v. PRESTON

No. 83-023.

124 N.H. 118 (1983)

THE STATE OF NEW HAMPSHIRE v. TERRY PRESTON

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), by brief for the State.

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


BATCHELDER, J.

This appeal presents the question whether the defendant, an inmate at the New Hampshire State Prison, was arrested for purposes of the Hastings rule, requiring timely indictment, at the time he was placed in administrative segregation after assaulting a prison guard. We hold that an arrest did not occur and affirm the superior court's denial of the defendant's motion to dismiss.

On February 14, 1982, the defendant, Terry Preston, an inmate...

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