STATE v. FOSS

No. 2001-223.

148 N.H. 209 (2002)

THE STATE OF NEW HAMPSHIRE v. DUANE B. FOSS

Supreme Court of New Hampshire.

Opinion Issued: August 16, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Getman, Stacey, Tamposi, Schulthess & Steere, P.A., of Bedford (Andrew R. Schulman on the brief and orally), for the defendant.


DUGGAN, J.

After a jury trial in superior court, the defendant, Duane B. Foss, was convicted of one count of aggravated felonious sexual assault. See RSA 632-A:2, I(n) (Supp. 2001). On appeal, he argues that: (1) RSA 632-A:2, I(n) requires proof of actual coercion; (2) the evidence was insufficient to prove that he used his position of authority to coerce the complainant to submit; and (3) the trial court erred in denying his motion for a bill of particulars...

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