STATE v. KERWIN

No. 97-296.

144 N.H. 357 (1999)

THE STATE OF NEW HAMPSHIRE v. TIMOTHY KERWIN

Supreme Court of New Hampshire.

December 3, 1999.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Ann M. Rice, senior assistant attorney general, on the brief and orally), for the State.

Behzad Mirhashem, assistant appellate defender, of Concord, by brief and orally, for the defendant.


JOHNSON, J.

The defendant, Timothy Kerwin, was convicted of one count of misdemeanor sexual assault. See RSA 632-A:2, I(i), :4 (1996). On appeal, he contends that the Superior Court (Fauver, J.) erred in refusing to grant two motions for mistrial and a motion to set aside the verdict. We reverse and remand.

The following facts were adduced at trial. In October 1995, the complainant, a seventeen-year-old high school senior, hired the defendant...

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