STATE v. CASTLE

No. 85-326.

128 N.H. 649 (1986)

THE STATE OF NEW HAMPSHIRE v. VINCENT ROY CASTLE.

Supreme Court of New Hampshire.

October 3, 1986.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Barbara R. Keshen, attorney, on the brief and orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.


KING, C.J.

The defendant was tried before a jury on four counts of aggravated felonious sexual assault. In this appeal he challenges the propriety of an ex parte conversation between the Trial Court (Dalianis, J.) and a juror. We reverse and remand.

At trial, after the court had instructed the jury and adjourned for lunch, one of the jurors asked to speak to the judge. Jury deliberations had not yet begun. The judge held an ex parte discussion...

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