State v. VonKlock

In this criminal case the defendant, a licensed psychologist, was charged with committing aggravated felonious sexual assault while counseling one of his patients, RSA 632-A:2 VII (Supp. 1979). A trial by jury in the Strafford County Superior Court (Mullavey, J.) resulted in a verdict of guilty on the lesser-included offense of sexual assault, RSA 632-A.4 (Supp. 1979).

On this appeal, the defendant alleges that the trial court committed reversible error when it denied his motion to dismiss at the close of the State’s case because the State had failed to prove either sexual penetration or that…