STATE v. GREENWOOD

No. 6533.

113 N.H. 625 (1973)

STATE OF NEW HAMPSHIRE v. ELSWORTH N. GREENWOOD

Supreme Court of New Hampshire.

November 30, 1973.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Thomas D. Rath, attorney (Mr. Rath orally), for the State.

Wescott, Millham & Dyer and Gary P. Westergren (Mr. Westergren orally) for the defendant.


DUNCAN, J.

Following trial by the Superior Court without jury (Johnson, J.), the defendant was convicted of aggravated assault on a 19-month-old boy. RSA 585:22 (Supp. 1972). The indictment charged that the defendant "did make an assault of an aggravated nature upon [the victim], an infant child . . ., in that [defendant] . . . severely beat said child about the head and body, with his [defendant's] hands and fists." (Emphasis added.) The defendant's...

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