STATE v. CUNNINGHAM

No. 2008-438.

977 A.2d 506 (2009)

The STATE of New Hampshire v. Shawn R. CUNNINGHAM.

Supreme Court of New Hampshire.

Opinion Issued: July 10, 2009.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Janice K. Rundles, senior assistant attorney general, on the brief and orally), for the State.

Kimberly Thayer, public defender, of Dover, on the brief and orally, for the defendant.


DALIANIS, J.

The defendant, Shawn R. Cunningham, appeals his conviction by a jury for two counts of simple assault. See RSA 631:2-a (2007); RSA 651:6, I(h) (2007); RSA 651:6, I-a (2007) (amended 2008). He argues that the Superior Court (Sullivan, J.) erred by denying his motion to dismiss the charges. We affirm.

Viewing the evidence in the light most favorable to the State, we conclude that the jury could have found the following facts. The defendant...

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