STATE v. GOULD

No. 97-888.

144 N.H. 415 (1999)

THE STATE OF NEW HAMPSHIRE v. ALLEN D. GOULD

Supreme Court of New Hampshire.

December 8, 1999.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (N. William Delker, assistant attorney general, on the brief and orally), for the State.

Stephen T. Jeffco, PA., of Portsmouth (Stephen T. Jeffco and Harry N. Starbranch on the brief, and Mr. Starbranch orally), for the defendant.


BRODERICK, J.

The defendant, Allen D. Gould, was charged with four counts of felonious sexual assault. RSA 632-A:3, III (1996). At trial, the Superior Court (Gray, J.) granted the State's mistrial motion after the defendant made a remark that the court found to be a deliberate attempt to influence the jury. Prior to the defendant's retrial, the superior court denied the defendant's motion to dismiss, ruling that the double jeopardy provisions of the Federal...

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