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STATE v. MITCHELL

No. 82-354.

124 N.H. 247 (1983)

THE STATE OF NEW HAMPSHIRE v. FREDA MITCHELL

Supreme Court of New Hampshire.

December 12, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (John A. Malmberg, assistant attorney general, on the brief), by brief for the State.

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

PER CURIAM.

The defendant was convicted by a jury in Superior Court (Cann, J.) of being an accomplice to an aggravated felonious sexual assault on a thirteen-year-old girl by one Warren Bushey. RSA 632-A:2 (Supp. 1981); RSA 626:8. The sole question is the sufficiency of the evidence to support a finding of penetration. We uphold the conviction.

It appears undisputed that Bushey attempted forcible intercourse with the thirteen-year-old girl, and that...

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