Assault convictions of Dover man upheld by high courtBy KATHRYN MARCHOCKI
New Hampshire Union Leader
November 26. 2013 7:11PM
CONCORD — The New Hampshire Supreme Court Tuesday upheld the convictions of David J. Fischer, who was accused of attacking his wife in their Dover home in 2010.
In a 5-0 decision, the high court upheld Strafford Superior Court jury trial verdicts that found Fischer, 44, guilty of two counts of second-degree assault, both of which resulted in extended terms of imprisonment.
Fischer appealed the trial court decisions on six grounds. They include his claims the evidence was insufficient to prove his conduct manifested extreme indifference to the value of human life; the trial court clerk erred in admitting testimony under the excited utterance hearsay exception; and the trial court violated his rights against double jeopardy and imposing extended terms of imprisonment.
A jury convicted Fisher of attacking his wife in their home after they quarreled. Jurors convicted him of assaulting his wife in separate attacks in the living room and kitchen, but found Fisher not guilty of an alleged assault that resulted in his wife’s finger being broken.