State v. Gagnon

The defendant was indicted for assault upon Ronald Simard on August 25, 1969 at Hudson,-with intent to kill and murder. RSA 585:23. Trial was by jury, before King, J. The defendant was found guilty. In the course of the trial he excepted to evidentiary rulings, to the denial of a motion for mistrial, and to certain instructions to the jury. After the verdict the defendant moved to set the verdict aside upon the ground, among others, that the court erred in “failing to instruct the jury on the necessary intent for the defendant to be guilty of assault with intent to commit murder, ” and…