STATE v. CRATE

No. 95-738.

141 N.H. 489 (1996)

THE STATE OF NEW HAMPSHIRE v. DUANE CRATE

Supreme Court of New Hampshire.

December 10, 1996.


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.

George H. Ostler, of Norwich, Vermont, by brief and orally, for the defendant.


BRODERICK, J.

The defendant, Duane Crate, was indicted separately on five charges of aggravated felonious sexual assault. See RSA 632-A:2, I (Supp. 1994) (amended 1995). The jury acquitted the defendant of two charges and deadlocked on the remaining three. In this interlocutory appeal, the defendant challenges the Superior Court's (Smith, J.) denial of his motion to dismiss the remaining charges on double jeopardy and collateral estoppel grounds. We...

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