State v. Varney

The defendant was indicted and convicted after trial by jury of aggravated assault under RSA 585:22, the controlling statute at the time of the offense. In this appeal he moves to set aside the verdict on the ground that the assault was not an aggravated one. The defendant’s exceptions were reserved and transferred by Cann, J. The principal question before the court is whether defendant’s actions constituted an aggravated assault as that offense has been construed in this State.

On June 23, 1973, the defendant followed his former wife, Arlene Varney, to Dot’s Variety Store in Nashua where she…