STATE v. COSTELLO

No. 5935.

110 N.H. 182 (1970)

STATE v. WILLIAM B. COSTELLO.

Supreme Court of New Hampshire.

March 31, 1970.


Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General, and Norman E. D'Amours, Assistant Attorney General (Mr. D'Amours orally), for the State.

Olson, Reynolds & McMahon (Mr. Lewis A. McMahon orally), for the defendant.


LAMPRON, J.

Complaint charging that the defendant operated a motor vehicle on Route 101 in Keene while under the influence of intoxicating liquor in violation of RSA 262-A:62. Upon trial, the district court (Davis, J.) found the following facts:

"On January 11, 1969, at approximately 12:40 A.M., Police Officer Hugh McClellan, on cruiser patrol, went to Route 101, in Keene . . . where he found an auto parked on the side of the road against a snow bank...

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