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State v. Whippie

Supreme Court of New Hampshire Keene District Court
Oct 31, 1975
346 A.2d 639 (N.H. 1975)

Opinion

No. 7195

Decided October 31, 1975

1. The defendant's motion that the State trooper who arrested him be disqualified as prosecutor of the case in the district court was properly denied as raising an issue determined adversely to him in prior cases.

Warren B. Rudman, attorney general, and Robert V. Johnson Il, assistant attorney general (Mr. Johnson orally), for the State.

Bell Kennedy and Joyce A. Wilder (Mr. Ernest L. Bell III orally) for the defendant.


MEMORANDUM OPINION

Defendant was prosecuted in the Keene District Court for the offense of driving while under the influence of intoxicating liquor by the arresting officer, a State trooper. Defendant's motion that the arresting officer be disqualified as prosecutor was denied by the Acting Justice, Lichman, J., who reserved and transferred the defendant's exception.

The same issue was determined adversely to the defendant in State v. Aberizk, 115 N.H. 535, 345 A.2d 407 (1975); State v. LaPalme, 104 N.H. 97, 179 A.2d 284 (1962); see State v. Urban, 98 N.H. 346, 100 A.2d 897 (1953).

Exception overruled; remanded.


Summaries of

State v. Whippie

Supreme Court of New Hampshire Keene District Court
Oct 31, 1975
346 A.2d 639 (N.H. 1975)
Case details for

State v. Whippie

Case Details

Full title:STATE OF NEW HAMPSHIRE v. MORTON WHIPPIE

Court:Supreme Court of New Hampshire Keene District Court

Date published: Oct 31, 1975

Citations

346 A.2d 639 (N.H. 1975)
346 A.2d 639