STATE v. MAXFIELD, 117 N.H. 1019 (1977)

380 A.2d 1105

STATE OF NEW HAMPSHIRE v. KENNETH MAXFIELD

No. 7838Supreme Court of New Hampshire Hillsborough District Court
Decided December 16, 1977

Criminal Law — State’s Burden of Proof — Concession in Brief On an interlocutory appeal regarding criminal charge of hunting without proper license, state’s brief conceded that defendant could not be found guilty of charge and, therefore, case would be remanded to district court for entry of finding of not guilty.

David H. Souter, attorney general, and John L. Ahlgren, assistant attorney general, by brief, for the state.

Kenneth Maxfield filed no brief.

MEMORANDUM OPINION

This is an interlocutory appeal regarding a criminal charge of hunting without a proper license. The state’s brief concedes that the defendant cannot be found guilty of the charge; therefore the case is remanded to the district court for entry of a finding of not guilty. See State v. Doyle, re interlocutory appeals, 117 N.H. 789, 378 A.2d 1379 (1977).

Remanded.

Page 1020

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