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STATE v. SCOVILL

No. 97-482.

144 N.H. 409 (1999)

THE STATE OF NEW HAMPSHIRE v. TIMOTHY SCOVILL

Supreme Court of New Hampshire.

December 8, 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.

Twomey & Sisti Law Offices, of Chichester, (Mark L. Sisti on the brief and orally), for the defendant.

THAYER, J.

The defendant, Timothy Scovill, appeals his conviction on two counts of felonious sexual assault in violation of RSA 632-A:3 (1996) (amended 1997) following a jury trial, arguing that the Superior Court (Smith, J.) erred in admitting the complainant's journal as substantive evidence rather than as impeachment evidence. We reverse and remand.

The following facts were adduced at trial. The complainant...

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