State v. Poole

The defendant, Nathan T. Poole, appeals his conviction, following a jury trial in Superior Court (Smukler, J.), for simple assault, see RSA 631:2-a (1996). He argues that the trial court’s response to a jury question constructively amended the complaint to his prejudice. We reverse and remand.

The following facts were recited by the trial court in its order on the defendant’s motion to vacate, or appear in the record. The defendant was charged by complaint with, among other things, simple assault on his wife. The complaint alleged that on December 22, 2001, at 7:00 p.m., the defendant…