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STATE v. GRATTA

No. 4570.

101 N.H. 87 (1957)

STATE by Rachael H. Tucker v. VIRGINIA A. GRATTA.

Supreme Court of New Hampshire.

Decided June 28, 1957.

Attorney(s) appearing for the Case

Thomas E. Flynn, Jr. and Francis J. Riordan (Mr. Flynn orally), for the State.

Robert A. Shaines for the defendant, furnished no brief.

WHEELER, J.

The complainant followed the not uncommon practice here of instituting a private prosecution for assault. The fine imposed inured to the benefit of the town. RSA 618:2. The practice of pursuing private prosecutions at public expense was disapproved of by this court as far back as 1827 when the court said in Waldron v. Tuttle, 4 N.H. 149, 151, "If prosecutions could be commenced and pursued at the public expense by individuals whenever they...

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