STATE v. WHIPPIE

No. 7195.

115 N.H. 608 (1975)

STATE OF NEW HAMPSHIRE v. MORTON WHIPPIE.

Supreme Court of New Hampshire.

October 31, 1975.


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.

Bell & Kennedy and Joyce A. Wilder (Mr. Ernest L. Bell III orally) for the defendant.


MEMORANDUM OPINION

Defendant was prosecuted in the Keene District Court for the offense of driving while under the influence of intoxicating liquor by the arresting officer, a State trooper. Defendant's motion that the arresting officer be disqualified as prosecutor was denied by the Acting Justice, Lichman, J., who reserved and transferred the defendant's exception.

The same issue was determined adversely to the defendant in State v. Aberizk,...

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