State v. Mills

The defendant was convicted of second degree assault, RSA 681:2, after a jury trial. On appeal, he claims that the *48Superior Court (Nadeau, J.) abused its discretion in finding the four-year-old victim competent to testify and in denying the defendant’s motion for a new trial on the ground of newly discovered evidence. For the reasons that follow, we affirm.

Shane Kelley is the child of Jerry Kelley and Barbara Mills, who are divorced. Barbara Mills is the wife of the defendant. In January 1989, Shane was three years old and living with his mother and the defendant; he visited his father’s home…