State v. LaBranche

This is an appeal from defendant’s conviction for aggravated felonious sexual assault. RSA 632-A:2 (Supp. 1975). All questions of law. arising from the trial were reserved and transferred by Cann, J. The issue presented is whether the trial court should have granted a mistrial after witnesses for the State testified about an untried indictment of attempted aggravated felonious sexual assault then pending against the defendant. We find that this testimony of the State’s witnesses was inadmissible and sufficiently prejudicial to require a new trial.

Defendant was indicted for aggravated…