State v. Crate

The defendant, Duane Crate, was indicted separately on five charges of aggravated felonious sexual assault. See RSA 632-A:2,1 (Supp. 1994) (amended 1995). The jury acquitted the defendant of two charges and deadlocked on the remaining three. In this interlocutory appeal, the defendant challenges the Superior Court’s (Smith, J.) denial of his motion to dismiss the remaining charges on double jeopardy and collateral estoppel grounds. We affirm and remand.

The victim alleged that the defendant in November 1993 assaulted her in a high school locker room by committing non-consensual digital…