State v. Pond

The defendant appeals his conviction for aggravated felonious sexual assault, RSA 632-A:2, XI, after a jury trial in Superior Court (Groff, J.). He raises two issues for our review: (1) whether, after the impaneling of the jury at a previous trial, the State may nol pros its case in order to correct a defective indictment and then later retry the defendant on the same charge without violating the prohibition against double jeopardy; and (2) whether the defendant’s right to a speedy trial was violated. Because we hold that double jeopardy bars retrial of the defendant, we reverse.…