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State of New Hampshire v. Morton Whippie, 115 N.H. 608 (1975) - Opinion

October 31, 1975 - Opinion

DecisionException overruled; remanded.
Unanimous

Keene District Court

No. 7195

State of New Hampshire v. Morton Whippie

October 31, 1975

Warren B. Rudman, attorney general, and Robert V. Johnson II, 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.

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October 31, 1975 State of New Hampshire v. Morton Whippie Current page Opinion Supreme Court Reporter