STATE v. POND

No. 89-473.

133 N.H. 738 (1990)

THE STATE OF NEW HAMPSHIRE v. LARRY POND.

Supreme Court of New Hampshire.

December 28, 1990.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Mark E. Howard, assistant attorney general, on the brief and orally), for the State.

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


BROCK, C.J.

The defendant appeals his conviction for aggravated felonious sexual assault, RSA 632-A:2, XI, after a jury trial in Superior Court (Groff, J.). He raises two issues for our review: (1) whether, after the impaneling of the jury at a previous trial, the State may nol pros its case in order to correct a defective indictment and then later retry the defendant on the same charge without violating the prohibition against double jeopardy; and ...

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