State v. Barton

THAYER,

j. a jury convicted the defendant, John Barton, of attempted burglary. See RSA 635:1 (1996). The defendant appeals his conviction, asserting that the Superior Court {Lynn, J.) impermissibly amended the underlying indictment by instructing the jury regarding accomplice liability. See RSA 626:8, 111(a) (1996). We affirm.

The underlying indictment sufficiently charged the defendant as a principal to an attempted burglary. At the conclusion of the State’s case-in-chief, the defendant moved to dismiss. The trial court denied the motion, reasoning that even if the defendant did not perform…