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STATE v. BENNETT

No. 7158.

116 N.H. 433 (1976)

STATE OF NEW HAMPSHIRE v. JOSEPH BENNETT.

Supreme Court of New Hampshire.

July 30, 1976.

Attorney(s) appearing for the Case

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

T. Casey Moher, by brief and orally, for the defendant.

KENISON, C.J.

The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor. RSA 262-A:62 (Supp. 1975; Laws 1973, 528:321.) The defendant moved to dismiss the charge. After a hearing the District Court (Calderwood, J.) denied the motion and reserved and transferred the defendant's exceptions with the following agreed statement:

"The facts were that a State Police officer was parked off Route #108 in Madbury...

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