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STATE v. SARGENT

No. 5038.

104 N.H. 211 (1962)

STATE v. ALBERT GEORGE SARGENT AND ROBERT MAXWELL DEVOID.

Supreme Court of New Hampshire.

Decided June 29, 1962.

Attorney(s) appearing for the Case

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

McLane, Carleton, Graf, Greene & Brown (Mr. Stanley M. Brown orally), for the defendant Albert George Sargent.

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

BLANDIN, J.

The first issue before us is whether a defendant charged with a misdemeanor has the right to take depositions before arraignment and plea. Our answer is no. State v. Myal, 104 N.H. 188.

In regard to the other question raised, counsel for the defendants assert that the complaints appear "curious" and illogical and are based upon the testimony of an incompetent complaining witness. While incompetency...

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