STATE v. STURTEVANT

No. 3864.

96 N.H. 99 (1950)

STATE v. CLYDE STURTEVANT.

Supreme Court of New Hampshire.

January 3, 1950.


Attorney(s) appearing for the Case

William L. Phinney, Attorney-General and Wyman P. Boynton, County Solicitor (Mr. Boynton orally), for the State.

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the respondent.


DUNCAN, J.

At the close of the preliminary hearing at which the circumstances surrounding the taking of the blood specimen from the respondent were disclosed, the respondent voiced his objection to the receipt of evidence of the analysis thus: "We claim . . . that it is calling the defendant to furnish evidence against himself at a time when he was neither told nor in condition to know what his legal rights and what the implications of such procedure would be. . ...

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