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STATE v. URBAN

No. 4235.

98 N.H. 346 (1953)

STATE v. CYRUS URBAN.

Supreme Court of New Hampshire.

Decided November 30, 1953.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Arthur E. Bean, Jr. and Elmer T. Bourque, Law Assistant (Mr. Bean orally), for the State.

Stanley C. Urban (by brief and orally), for the defendant.

KENISON, C. J.

The single issue in this controversy is whether the prosecution for a misdemeanor in a municipal court by a chief of police or a police officer is prohibited by the statute law of this state. The defendant claims that such a prosecution is forbidden by R. L., c. 380, s. 23, which reads as follows: "23. NOT TO BE ATTORNEY. No sheriff or deputy sheriff, police officer, constable or city marshal shall be suffered to appear in any court or...

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