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STATE v. JOHNSON

No. 97-410.

144 N.H. 175 (1999)

THE STATE OF NEW HAMPSHIRE v. DAVID JOHNSON

Supreme Court of New Hampshire.

September 8, 1999.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Kelly A. Ayotte, assistant attorney general, on the brief and orally), for the State.

Law Office of Francis G. Holland, of Nashua (Francis G. Holland on the brief and orally), for the defendant.

HORTON, J.

After a jury trial in Superior Court (Sullivan, J.), the defendant, David Johnson, was convicted of attempted aggravated felonious sexual assault, see RSA 629:1 (1996); RSA 632-A:2 (1996) (amended 1997, 1998), and acquitted of aggravated felonious sexual assault accomplished by surprise, see RSA 632-A:2, I(i). The defendant contends that the trial court erred in denying his motion to dismiss the attempt indictment, improperly instructing...

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