State Of New Hampshire V. Alexander R. Cain

STATE OF NEW HAMPSHIRE SUPERIOR COURT Rockingham, ss. STATE OF NEW HAMPSHIRE v. ALEXANDER R. CAIN 218-2015-CR-680 ORDER Defendant Alexander R. Cain is accused of Class B felony forgery. The indictment alleges Cain either altered a Superior Court return/mittimus or purposely uttered such a forgery with the intent to defraud. Cain has moved to dismiss the indictment on the ground that RSA 638:1,III and IV classify forgery of a return/mittimus as a Class B misdemeanor. With great reluctance, the court agrees with Cain’s statutory analysis and therefore rules that the indictment alleges a Class B misdemeanor. However, the court stops short of dismissing the indictment. Cain’s motion is GRANTED IN PART AS FOLLOWS: 1. The court rules that, as a matter of law, the conduct...