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STATE v. BURROUGHS

No. 6383

113 N.H. 21 (1973)

STATE OF NEW HAMPSHIRE v. BARBARA L. BURROUGHS

Supreme Court of New Hampshire.

January 31, 1973

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.

William D. Tribble and Aaron A. Lipsky (Mr. Lipsky orally) for the defendant.

LAMPRON, J.

The sole question to be decided is whether a court may suspend any portion of the penalties prescribed by RSA 262-A:62 (Supp. 1972) upon a second conviction of operating a motor vehicle while under the influence of intoxicating liquors. This statute prescribes that the operator "shall be imprisoned for not less than ten days nor more than six months ... and fined not less than five hundred nor more than one thousand dollars". On January 19, 1972, the defendant...

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