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STATE v. STAPLES

No. 4500.

100 N.H. 283 (1956)

STATE v. ROBERT L. STAPLES.

Supreme Court of New Hampshire.

Decided July 6, 1956.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Elmer T. Bourque, Assistant Attorney General and Lindsey R. Brigham, county solicitor (Mr. Bourque orally), for the State.

McCabe & Fisher and Harold D. Moran (Mr. Moran orally), for the defendant.

GOODNOW, J.

In 1950, the statute with which this action is concerned (R. L., c. 118, s. 16) provided as follows:

"INTOXICATION. Any person who shall be convicted of operating or attempting to operate, a motor vehicle upon any way while under the influence of intoxicating liquor or any narcotic or habit-producing drug, shall be imprisoned for not more than six months or shall be fined not more than five...

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