State v. Desmond

Memorandum Opinion

In 1976 the defendant executed an acknowledgement-of-rights form and pleaded guilty to a charge of unlawful sale of a controlled drug. RSA 318-B:2 (Supp. 1981). The indictment charging the defendant did not allege a culpable mental state. The defendant was represented by counsel and no objection, exception, or motion to quash the indictment was made at that time.

In 1983 the defendant filed a motion in the superior court to bring forward and vacate the judgment. The defendant argued in his motion that because the indictment failed to allege a culpable mental state it was…