State v. Bathalon

BRODERICK, j.

Following a jury trial in Superior Court (Sullivan, J.), the defendant, David Bathalon, appealed his conviction for second degree assault. See RSA 631:2 (1996). On appeal, he contends that improper intra-jury communication was so prejudicial as to require a mistrial, and that the trial court’s jury instructions impermissibly amended his indictment. We affirm.

The record supports the following facts. The defendant was indicted for second degree assault and charged with recklessly causing bodily injury by means of a deadly weapon to a neighbor in his apartment building. On the final…