STATE v. WHITTAKER

No. 92-443.

138 N.H. 524 (1994)

THE STATE OF NEW HAMPSHIRE v. OTIS F. WHITTAKER, JR.

Supreme Court of New Hampshire.

June 7, 1994.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John P. Kacavas, assistant attorney general, on the brief and orally), for the State.

Craighead and Martin, of Manchester (Rodkey Craighead, Jr. on the brief and orally), for the defendant.


BATCHELDER, J.

The defendant, Otis F. Whittaker, Jr., was convicted of two counts of aggravated felonious sexual assault and one count of possession of cocaine, following a jury trial in Superior Court (Dalianis, J.). He appeals only his sexual assault convictions, arguing that the trial court erred in allowing the State, pursuant to New Hampshire Rule of Evidence 404(b), to introduce evidence of a prior sexual assault committed by the defendant. We reverse...

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