STATE v. SMITH

No. 84-441.

127 N.H. 433 (1985)

THE STATE OF NEW HAMPSHIRE v. JOHN L. SMITH.

Supreme Court of New Hampshire.

December 4, 1985.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Andrew L. Isaac, assistant attorney general, on the brief and orally), for the State.

Joanne S. Green, assistant appellate defender, of Concord, by brief and orally, for the defendant.


JOHNSON, J.

In this appeal from his conviction for aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1983), the defendant challenges the sufficiency of the evidence and claims that the Trial Court (DiClerico, J.) erred in failing to instruct the jury that the alleged penetration, to be criminal, must have been for the purpose of sexual arousal or gratification. We affirm the conviction.

On June 28, 1983, the victim's mother picked up her 7 ½...

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