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STATE v. DESMOND

No. 83-504.

125 N.H. 448 (1984)

THE STATE OF NEW HAMPSHIRE v. WYCLIFFE L. DESMOND.

Supreme Court of New Hampshire.

August 13, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Robert B. Muh, attorney, on the brief and orally), for the State.

Cullity & Kelley, of Manchester (John C. Boeckeler on the brief and orally), for the defendant.

MEMORANDUM OPINION

In 1976 the defendant executed an acknowledgement-of-rights form and pleaded guilty to a charge of unlawful sale of a controlled drug. RSA 318-B:2 (Supp. 1981). The indictment charging the defendant did not allege a culpable mental state. The defendant was represented by counsel and no objection, exception, or motion to quash the indictment was made at that time.

In 1983 the defendant filed a motion in the superior court to bring forward...

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