State v. Hancock

The defendant, Richard Hancock, appeals his conviction by a jury and his sentence in Superior Court (Barry, J.) for misdemeanor simple assault. See RSA 631:2-a (2007). We affirm in part, vacate in part and remand.

The jury could have found the following facts: Two probation officers arrested the defendant in his home for violating the terms of his probation. During transport to the house of correction, he threatened to sue the officers and assaulted one of them, Officer Donald Valente.

The defendant was charged with misdemeanor simple assault. Later, he sued Valente civilly. At trial, defense…