State of New Hampshire v. Peggy Starr

The defendant, Peggy Starr, appeals her conviction, following a bench trial in Superior Court ( Houran , J.), on one count of second degree assault, as a lesser included offense of first degree assault. See RSA 631:1, I(d), :2, I(d) (2016). She argues that the trial court erred by denying her motion to dismiss the first degree assault indictment. We affirm.

The trial court found or could have found the following facts. In 2010, at six *718 and one-half years of age, D.A. was hospitalized at a weight of just 23.4 pounds. At the time of his hospitalization, he suffered developmental delays, was…