State v. Taylor

The defendant, Donald Taylor, was convicted of theft of a firearm, RSA 637:11 (Snpp. 1991). He argues on appeal that the Superior Court (Manias, J.) erred in not dismissing his indictment because there was insufficient evidence to prove that the firearm was capable of discharging a projectile by force of gunpowder at the time of the offense. Because the State was not required to prove operability at the time of the offense, we affirm.

In the spring of 1989, the defendant and his roommate, Bruce Bailey, lived in an apartment in Franklin. Bailey kept a number of firearms in the apartment. In…