State v. Hughes

This is an interlocutory appeal from the Superior Court’s (Hampsey, J.) denial of the defendant’s motion to dismiss a misdemeanor charge for possession of marijuana. The issue presented in this case is whether the earlier dismissal of a felony indictment against the defendant under the rule enunciated in State v. Hastings, 120 N.H. 454, 417 A.2d 7 (1980), bars this subsequent misdemeanor prosecution initiated by an information and alleging a lesser-included offense of the felony. For the reasons stated herein, we affirm the trial court’s ruling.

The State urges that we reconsider the sixty-day…