State v. Peck

MEMORANDUM OPINION

BATCHELDER, j.

The defendant, Charles Peck, was convicted of theft by unauthorized taking, RSA 637:3 (1986), after a jury trial in Superior Court (Morrill, J.). On appeal, he argues that the Superior Court {Lynn, J.) erred in denying his motion to dismiss the indictment, and that the trial court erred in refusing to instruct the jury that it could find the defendant guilty of shoplifting as a lesser-included offense. We affirm.

On April 23, 1993, the defendant removed two cartons of cigarettes, valued at $39.04, from a display rack at the Ames Department Store in Newport,…