State v. Allard

Two questions are presented in this appeal from convictions of aggravated felonious sexual assault and first-degree assault: (1) whether a pre-arrest photographic lineup deprived the defendant of his due process rights because it was unnecessarily suggestive under the totality of the circumstances; and (2) whether a statement by the Trial Judge (Contas, J.) in his jury instructions diminished the State’s burden of proof in the minds of the jurors. For the reasons which follow, we affirm.

The victim in this case, a twenty-year-old female, was hitchhiking between Keene and Peterborough on…