State v. Butler

The issues in this rape case are whether defendant’s confession given after he had requested counsel should have been excluded, and whether the trial court erred in ruling that defendant opened the way for the admission of a previously excluded identification of the defendant by the complaining witness.

Defendant was indicted for rape, RSA 632:1 (Repl. 1974), and deviate sexual relations, RSA 632:2 (Repl. 1974), alleged to have been committed on July 1, 1975, in Greenville, New Hampshire. He moved to suppress certain statements made to the police and an identification made by the complaining…