State v. Samuel Pennock

In these consolidated appeals, the defendant, Samuel Pennock, appeals his conviction by a jury of felony simple assault, see RSA 631:2-a (2007); RSA 178-B:9, IV (2014), and the denial by the Superior Court (Bornstein, J.) of his post-conviction motion to vacate his sentence and for a new trial. On appeal, he argues that the trial court erred by: (1) substantively admitting the victim’s pretrial oral and written statements under the excited utterance exception to the hearsay rule, see N.H. R. Ev. 803(2); (2) denying his motion to dismiss the simple assault charge; (3) denying his…