In Re Moore

The test to determine whether the defendant’s motion to dismiss the petition should be granted because the matter is. res judicata is to inquire whether the issue now raised was decided at the hearing held before the Superior Court in October, 1953. Laconia Nat. Bank v. Lavallee, 96 N. H. 353. The State argues that it was not because the prior adjudication was “made in a separate proceeding in relation to an alleged crime other than the one for which the [defendant] is now under indictment . ... ” It is true that the alleged crime which resulted in the prior petition and hearing is a…