STATE v. DELGADO

No. 91-362.

137 N.H. 380 (1993)

THE STATE OF NEW HAMPSHIRE v. WILSON DELGADO

Supreme Court of New Hampshire.

July 7, 1993.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (William H. Lyons, senior assistant attorney general, on the brief and orally), for the State.

Albert E. Scherr, assistant appellate defender, of Concord, by brief and orally, for the defendant.


HORTON, J.

The defendant, Wilson Delgado, was convicted following a jury trial of two counts of first degree assault, RSA 631:1 (1986 & Supp. 1990). On appeal, he argues that the Superior Court (Groff, J.) erred in allowing, pursuant to New Hampshire Rule of Evidence 801(d)(1)(C), testimony of a State's witness concerning an out-of-court statement by the victim identifying the defendant. We affirm.

On the evening of December 22, 1990, Brenda Allen...

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