State v. Kerwin

The defendant, Timothy Kerwin, was convicted of one count of misdemeanor sexual assault. See RSA 632-A:2, I(i), :4 (1996). On appeal, he contends that the Superior Court (Fauver, J.) erred in refusing to grant two motions for mistrial and a motion to set aside the verdict. We reverse and remand.

The following facts were adduced at trial. In October 1995, the complainant, a seventeen-year-old high school senior, hired the defendant, a professional photographer, to take photographs of her for the school yearbook. At the photo session, the defendant suggested that the complainant return to his…