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STATE v. HOLMES

No. 2005-883.

920 A.2d 632 (2007)

The STATE of New Hampshire v. Martin HOLMES.

Supreme Court of New Hampshire.

Opinion Issued: January 19, 2007.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Susan P. McGinnis, 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.

DALIANIS, J.

The defendant, Martin Holmes, appeals his conviction by a jury for felonious sexual assault for engaging in sexual penetration with a person who was thirteen years of age or older but less than sixteen years of age. See RSA 632-A:3, II (Supp.2006) (amended 2006). He argues that the Superior Court (Fauver, J.) erred when it ruled that the State did not have to prove that he knew that the victim was...

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