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THE STATE OF NEW HAMPSHIRE v. JOHN B. MARSHALL, JR.

Appeal and Error — Notice of Appeal — Limitations on Scope of Review Where issue of asserted error relating to defendant's failure to testify at his aggravated felonious sexual assault trial was not preserved by defendant at trial and was not mentioned in the defendant's notice of appeal, defendant waived his right to raise this argument on appeal.

MEMORANDUM OPINION

The defendant asserts error relating to his failure to testify at his aggravated felonious sexual assault trial before Gray, J. The defendant acknowledges that he has failed to preserve the issue he now raises on appeal. Accordingly, the defendant has waived his right to raise this argument on appeal. State v. Laliberte, 124 N.H. 621, 474 A.2d 1025 (1984).

Affirmed.

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STATE v. MARSHALL
(Mar 7, 1985)