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STATE v. AMATO

No. 7077 & No. 7078.

115 N.H. 639 (1975)

STATE OF NEW HAMPSHIRE v. JOHN A. AMATO. STATE OF NEW HAMPSHIRE v. CHARLES H. WATKINS.

Supreme Court of New Hampshire.

November 28, 1975.

Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and David W. Hess, assistant attorney general (Mr. Hess orally), for the State.

Francis G. Holland, by brief and orally, for the defendants.

GRIMES, J.

The sole question presented in this case is whether the State is required to produce at trial, pursuant to a request seasonably filed under RSA 262-A:69-k (Supp. 1973), the person who certified a breathalyzer machine prior to the test in issue in order to prove the correct operation of the machine. The defendants were convicted of violating RSA 262-A:62 (Supp. 1973). The Trial Court (Harkaway, J.) reserved and transferred the defendants'

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