STATE v. HARDY

No. 79-443.

120 N.H. 552 (1980)

THE STATE OF NEW HAMPSHIRE v. ERNEST W. HARDY

Supreme Court of New Hampshire.

September 3, 1980.


Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Richard C. Nelson, attorney, orally), for the State.

Bruce E. Kenna, Hillsborough County public defender, by brief and orally, for the defendant.


GRIMES, C.J.

The issues in this attempted aggravated sexual assault case are whether a mistrial should have been granted when the judge in a non-jury case hears evidence of other offenses for which the defendant has not been charged and whether the evidence supports a guilty verdict. We uphold the verdict.

The defendant was indicted for an attempt to commit an aggravated sexual assault on a nine-year-old girl. Jury was waived and after a trial by the Court...

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