STATE v. BERGMANN

No. 90-162.

135 N.H. 97 (1991)

THE STATE OF NEW HAMPSHIRE v. ROBERT BERGMANN

Supreme Court of New Hampshire.

December 6, 1991.


Attorney(s) appearing for the Case

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

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


HORTON, J.

The defendant was convicted after a jury trial in Superior Court (Nadeau, J.) of one count of felonious sexual assault, RSA 632-A:3, and one count of aggravated felonious sexual assault, RSA 632-A:2. On appeal, he contends, first, that the felonious sexual assault charge should have been dismissed by the Trial Court (Temple, J.) because the indictment was not brought within a sixty-day period as required by State v. Hastings,

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