Deadly Weapon

State v. Pratte, 2007-923 (N.H. S.Ct., Nov. 6, 2008)

GALWAY, J. The defendant, Dennis Pratte, appeals the denial of his motion for judgment notwithstanding the verdict (JNOV) by the Superior Court (Nadeau, J.), following his conviction for being a felon in possession of a deadly weapon. See RSA 159:3, I (2002). We reverse.

State v. C. J., et al., 01-S-726 (Rockingham, May. 23, 2002)

Defendant is charged with one count of second degree assault with a deadly weapon contrary to RSA 631:2(b) and four counts of reckless conduct with a deadly weapon contrary to RSA 631:3, II. Defendant moves to dismiss each of these charges for failing to allege criminal acts under New Hampshire's Criminal Code. Alternatively, defendant argues that the statutes under which he is charged are unconstitutionally vague. The State objects. After hearing and after significant consideration of the parties' arguments with the applicable law, defendant's Motion to Dismiss is DENIED.
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