State v. Munson

We are asked to decide whether the Superior Court (DiClerico, J.) improperly denied the defendant’s mistrial motion after evidence was erroneously admitted that the defendant at his arrest exercised his rights to remain silent and to confer with counsel. We find that the admission of the evidence was not prejudicial and therefore affirm the trial court’s decision.

The defendant was tried before a jury on a charge of aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1983), of a thirteen-year-old girl. The evidence admitted against the defendant included the victim’s testimony describing…