State v. Champagne

The issue presented by this case is whether the indictment upon which the defendant was tried and convicted of arson, RSA 634:1, charged a class B felony or a misdemeanor.

After the defendant was found guilty of arson on November 29,1977, the Trial Court (Loughlin, J.) upon request of the prosecutor and a consideration of the evidence presented during the trial, ruled that the defendant was guilty of a felony, not a misdemeanor. Defendant took his exception to this ruling. The defendant was sentenced to twelve months confinement, two months suspended during good behavior, in the Hillsborough…