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STATE v. MYAL

No. 5005.

104 N.H. 188 (1962)

STATE v. CHESTER F. MYAL.

Supreme Court of New Hampshire.

Decided June 29, 1962.

Attorney(s) appearing for the Case

William Maynard, Attorney General, William J. O'Neil, Assistant Attorney General, and Paul A. Rinden, county attorney (Mr. O'Neil orally), for the State of New Hampshire.

Stanley & Stanley (Mr. John W. Stanley, Jr. orally), for the defendant.

BLANDIN, J.

The underlying question before us is whether a defendant charged with a misdemeanor has the right to take depositions before arraignment and plea. Our answer is no.

The right to take depositions in a criminal case which did not exist at common law (State ex rel Regan v. Superior Court, 102 N.H. 224, 227) is governed by RSA 517:13, which provides: "The respondent in a criminal case may take the deposition...

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