State v. Patch

The defendant was convicted of felonious sexual assault, RSA 632-A:3, following a jury trial in Superior Court (Nadeau, J.). On appeal he raises several issues, only one of which we need consider: namely, whether the indictment charging one count of felonious sexual assault was unconstitutionally duplicitous in that it alleged a “course of conduct involving several incidents of intentionally touching” over a six-month period. We reverse and remand.

*128The defendant argues that the indictment charging him with one count of felonious sexual assault is unconstitutionally duplicitous. The indictment…