STATE v. ABERIZK

No. 7126.

115 N.H. 535 (1975)

STATE OF NEW HAMPSHIRE v. PHILIP G. ABERIZK.

Supreme Court of New Hampshire.

September 30, 1975.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Edward N. Damon, attorney (Mr. Damon orally), for the State.

Nadeau, Nadeau, Cullimore & Gray (Mr. William B. Cullimore orally) for the defendant.


KENISON, C.J.

This case arises from a prosecution for operating a motor vehicle while under the influence of intoxicating liquor in violation of RSA 262-A:62 (Supp. 1973). At trial the arresting officer took the oath and began to testify. The defendant objected to the procedure of permitting the arresting officer to act as both prosecutor and witness. The District Court, McDermott, J., transferred the objection without ruling.

The legislature has permitted...

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