State v. Nadler

The defendant, Allen Nadler, brings this interlocutory appeal, see SUP. Ct. R. 8, from an order of the Superior Court (Burling, J.) denying his pretrial motion to dismiss two felony counts of engaging in “unnatural and lascivious” acts, see RSA 579:9 (1955) (repealed 1973). We affirm and remand.

The defendant was indicted on April 18, 2003, for acts that took place in 1967, thirty-six years prior to the indictments, when the defendant tutored the alleged victim, Edward H., who was then thirteen years old. At the time of the alleged incidents, the defendant was a student at Dartmouth College.…