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STATE v. MILLS

No. 91-014.

136 N.H. 46 (1992)

THE STATE OF NEW HAMPSHIRE v. KELLY D. MILLS.

Supreme Court of New Hampshire.

July 27, 1992.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Ann M. Rice, assistant attorney general, on the brief, and Janice K. Rundles, attorney, orally), for the State.

Patrick W. Fleming, of Hampstead, by brief and orally, for the defendant.

BATCHELDER, J.

The defendant was convicted of second degree assault, RSA 631:2, after a jury trial. On appeal, he claims that the Superior Court (Nadeau, J.) abused its discretion in finding the four-year-old victim competent to testify and in denying the defendant's motion for a new trial on the ground of newly discovered evidence. For the reasons that follow, we affirm.

Shane Kelley is the child of Jerry Kelley...

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