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STATE v. SHUTE

Nos. 81-020, 81-181, 81-051.

122 N.H. 498 (1982)

THE STATE OF NEW HAMPSHIRE v. RICHARD E. SHUTE, JR.

Supreme Court of New Hampshire.

June 9, 1982.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Martha V. Gordon, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, of Concord, appellate defender, by brief and orally, for the defendant.

McSwiney, Jones & Semple, of Concord (Carroll F. Jones on the brief and orally), for Glenn W. Bricker, M.D., intervenor.

DOUGLAS, J.

The defendant appeals his convictions in Superior Court (Johnson, J.) of aggravated felonious sexual assault, RSA 632-A:2 III (Supp. 1981), and kidnapping, RSA 633:1 I(d). Finding reversible error, we remand for a new trial.

On July 7, 1979, the prosecutrix met her boyfriend, Tim Smith, at his home in Meredith, New Hampshire. He was accompanied by Richard Shute, the defendant, whom the prosecutrix met for the first time that evening. The...

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