State v. Fischer

The defendant, David Fischer, was convicted of attempted first degree assault, see RSA 629:1 (1996); RSA 631:1 (1996), and witness tampering, see RSA 641:5 (1996). On appeal, he argues that the Superior Court (Mohl, J.) erred in: (1) admitting a prior consistent statement of the victim to bolster the victim’s credibility; (2) issuing a “false exculpatory evidence” instruction to the jury; and (3) refusing to strike an allegedly improper statement made by the State during its closing argument and failing to issue a curative instruction. We affirm.

The following facts were adduced at trial. The…