State v. Prevost

MEMORANDUM OPINION

Johnson, J.

The defendant, David Prevost, appeals his conviction for armed robbery, see RSA 636:1, III (1996), on the basis that the *560Superior Court (Barry, J.) impermissibly amended the underlying indictment. We reverse and remand.

The defendant was indicted for the armed robbery of Sully’s Superette in Manchester. Armed robbery, a class A felony, is defined by statute as robbery, a class B felony, where the defendant additionally: “(a) Was actually armed with a deadly weapon; or (b) Reasonably appeared to the victim to be armed with a deadly weapon; or (c) Inflicted or…