State v. Smith

The defendant, Douglas R. Smith, was convicted after a jury trial in Superior Court (McHugh, J.) of aggravated felonious sexual assault, RSA 632-A:2, XI, and attempted aggravated felonious sexual assault, RSA 632-A:2, XI and 629:1, committed upon his nine-year-old step-daughter. He appeals his convictions. He argues that the trial court erroneously admitted evidence of the victim’s venereal infection because the evidence was not relevant, or, if it was relevant, because its probative value was outweighed by its prejudicial effect. He further argues that the trial court improperly excluded…