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STATE v. DESMARAIS

No. 93-672.

140 N.H. 196 (1995)

THE STATE OF NEW HAMPSHIRE v. ARMAND DESMARAIS

Supreme Court of New Hampshire.

September 19, 1995.

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.

James E. Duggan, chief appellate defender, and Richard C. Guerriero, Jr., assistant appellate defender, of Concord, (Mr. Duggan and Mr. Guerriero on the brief, and Mr. Guerriero orally), for the defendant.

MEMORANDUM OPINION

HORTON, J.

The defendant, Armand Desmarais, was convicted of aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1994), and felonious sexual assault, RSA 632-A:3, III (1986), after a jury trial in Superior Court (Hollman, J.). On appeal he challenges the trial court's failure to charge the jury that the contents of a stipulation entered into by the State and the defendant were elements...

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