State v. King

After two days of the defendant’s trial on charges of aggravated felonious sexual assault under RSA 632-A:2, the Superior Court (Nadeau, J.) granted the State’s motion for a mistrial. The defendant moved to prohibit a second trial, and we accepted an interlocutory transfer without ruling from the superior court. Because we hold that the federal constitutional prohibition against double jeopardy bars retrial of the defendant, we remand for a ruling consistent with this opinion.

The defendant was indicted for aggravated felonious sexual assault of his wife under RSA 632-A:2. On March 2, 1987,…