State v. Lessard

The defendant, Gaston Lessard, although indicted for attempted first degree murder, RSA 629:1; RSA 630:l-a, and for the felonious use of a firearm, RSA 650-A:l (Supp. 1981), was convicted of a lesser-included offense, first degree assault, RSA 631:1 (Supp. 1981), after a jury trial. The Superior Court (Pappagianis, J.) sentenced him to a term of imprisonment of five-to-ten years, and he appealed. For the reasons that follow, we reverse.

The charges against the defendant arose out of an incident in March 1980, during which the defendant admittedly shot and wounded his wife. His defense at trial…