State v. Seymour

After a jury trial in Superior Court (Fitzgerald, J.), the defendant, Jason Seymour, was convicted of aggravated felonious sexual assault. See RSA 632-A:2 (1996). On appeal, he argues that the trial court erred in refusing to give the jury either a time-based defense instruction under State v. Williams, 137 N.H. 343, 629 A.2d 83 (1993), (Williams instruction) or an alibi instruction. We affirm.

The defendant was indicted for an aggravated felonious sexual assault that occurred “on or about” May 2, 1995. He timely filed a notice of alibi, claiming that he was in Mohawk, New York, at the time of…