STATE v. McGLEW

No. 93-072.

139 N.H. 505 (1995)

THE STATE OF NEW HAMPSHIRE v. DAVID MCGLEW

Supreme Court of New Hampshire.

May 23, 1995.


Attorney(s) appearing for the Case

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

Gary Apfel, assistant appellate defender, of Concord, by brief and orally, for the defendant.


BROCK, C.J.

The defendant, David McGlew, was convicted after a jury trial in Superior Court (Conboy, J.) of attempted felonious sexual assault pursuant to RSA 629:1 (1986) and RSA 632-A:3 (1986). On appeal, the defendant argues that the trial court erroneously admitted evidence of an uncharged, prior sexual assault under New Hampshire Rule of Evidence 404(b). We reverse and remand.

The defendant was accused of attempting to assault sexually a nine-year...

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