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STATE v. THURSTON

No. 6254. No. 6271.

112 N.H. 288 (1972)

STATE v. MICHAEL P. THURSTON STATE v. LIONEL L. POIRIER.

Supreme Court of New Hampshire

July 31, 1972.

Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Robert V. Johnson II, assistant attorney general (Mr.Johnson orally), for the State in each case.

Shute, Engel & Frasier (Francis J. Frasier orally) for defendant Michael P. Thurston.

Alfred Catalfo, Jr., by brief and orally, for defendant Lionel Poirier.

LAMPRON, J.

Each of these cases involves a motion to quash a complaint charging the defendant with the offense of operating a motor vehicle on a public highway so that the lives and safety of the public were in danger in violation of RSA 262-A:61. Each defendant filed a motion to dismiss the complaint on the ground that the statute is unconstitutional. The motion in the Thurston case was denied subject to defendant's exception...

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