STATE v. AYER

No. 91-272.

136 N.H. 191 (1992)

THE STATE OF NEW HAMPSHIRE v. ANTHONY AYER.

Supreme Court of New Hampshire.

September 1, 1992.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Diane M. Nicolosi, 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.


BATCHELDER, J.

The defendant, Anthony Ayer, appeals his conviction, after a jury trial in Superior Court (Dunn, J.), of aggravated felonious sexual assault, RSA 632-A:2. He contends that the trial court erred in not dismissing the indictment for charging "knowingly" as the requisite mental element, and in refusing to instruct the jury that, to convict, it must find that the defendant knew that the victim did not consent. We affirm.

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