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.