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JENKINS v. CANAAN MUN. CT.

No. 7230.

116 N.H. 616 (1976)

FOSTER JENKINS v. CANAAN MUNICIPAL COURT.

Supreme Court of New Hampshire.

October 29, 1976.

Attorney(s) appearing for the Case

Baker & Page and Eugene C. Struckhoff III and New Hampshire Legal Assistance, Martha M. Davis (Mr. Struckhoff orally) for the plaintiff.

David H. Souter, attorney general, and Robert V. Johnson II, assistant attorney general (Mr. Johnson orally), for the defendant.

Allan Ashman and Karen Knabb (of Illinois), by brief, for The American Judicature Society, as amicus curiae.

LAMPRON, J.

Petition for a writ of prohibition to prevent Daniel W. Fleetham, Judge of the Canaan District Court, from presiding over plaintiff's pending trial in that court on a charge of driving while intoxicated second offense, a misdemeanor. (RSA 262-A:62 (Supp. 1975)). Judge Fleetham is the sole justice of that court and is not an attorney. If convicted the plaintiff could be sentenced to a maximum fine of $1,000, one year in the house of correction, three years...

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