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STATE v. MORRILL

No. 2005-694.

914 A.2d 1206 (2006)

The STATE of New Hampshire v. Donald W. MORRILL a/k/a "Sam" W. Morrill.

Supreme Court of New Hampshire.

Opinion Issued: December 19, 2006.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

GALWAY, J.

The defendant, Donald W. Morrill, appeals his conviction for aggravated felonious sexual assault, see RSA 632-A:2, III (1996), arguing that the Trial Court (Fauver, J.) erred by admitting hearsay evidence and by allowing the prosecutor to improperly comment upon his decision not to testify. We reverse and remand.

The jury could have found the following facts. In 1998, the defendant's stepdaughter, N.N., reported to her biological father...

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