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STATE v. ELBERT

Nos. 82-389, 82-551.

125 N.H. 1 (1984)

THE STATE OF NEW HAMPSHIRE v. CLARENCE ELBERT.

Supreme Court of New Hampshire.

May 4, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (John A. Malmberg, assistant attorney general, and Amy L. Ignatius, attorney, on the brief, and Mr. Malmberg orally), for the State.

James E. Duggan, appellate defender, and Joanne S. Green, assistant appellate defender, of Concord (Mr. Duggan and Ms. Green on the brief, and Ms. Green orally), for the defendant.

SOUTER, J.

The defendant was indicted under RSA 629:1 for attempted first-degree murder (RSA 630:1-a) and under RSA 650-A:1 (Supp. 1983) for use of a firearm in the attempt to commit a felony. Following his arrest, the defendant made admissions to the police, which the Superior Court (Goode, J.) refused to suppress. Following trial, a jury returned verdicts of guilty to attempted second-degree murder and felonious use of a firearm. The Trial Judge (Flynn...

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