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STATE v. O'NEILL

No. 90-028.

134 N.H. 182 (1991)

THE STATE OF NEW HAMPSHIRE v. KEVIN J. O'NEILL, SR.

Supreme Court of New Hampshire.

April 26, 1991.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (John S. Davis, assistant attorney general, on the brief, and David S. Peck, senior assistant attorney general, orally), for the State.

Macaronis Law Firm, of Lowell, Massachusetts (Nicholas Macaronis & a. on the brief, and Mr. Macaronis orally), for the defendant.

HORTON, J.

The State appeals from an order of the Superior Court (Groff, J.) setting aside the jury's guilty verdict on two charges of aggravated felonious sexual assault, in a manner effecting judgment for the defendant, notwithstanding the verdict. The judge overturned the jury's verdict on the basis that the jury could not, as a matter of law, find a necessary element of the offense, penetration, beyond a reasonable...

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