State v. Russo

The defendant, Michael Russo, was convicted on two charges of second degree assault. On appeal, he argues that the Superior Court (McHugh, J.) erred: 1) in failing to declare a mistrial after the State questioned the defendant about whether he had made a pretrial statement to the police; 2) in refusing to instruct the jury on the defense of accident; and 3) in making certain statements about the defendant’s criminal conduct prior to sentencing. We affirm.

On July 23,1993, the defendant and Robert Stanton fought in the parking lot of Club Sensation in Laconia. After the fight was broken up, the…