State v. Smith

In this appeal from his conviction for aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1983), the defendant challenges the sufficiency of the evidence and claims that the Trial Court (DiClerico, J.) erred in failing to instruct the jury that the alleged penetration, to be criminal, must have been for the purpose of sexual arousal or gratification. We affirm the conviction.

On June 28, 1983, the victim’s mother picked up her 7 1/2-month-old child from the home of the defendant, whose wife regularly babysat for the child. The next morning, the victim’s mother found blood in the infant’s…