STATE v. TARDIFF

No. 7513.

117 N.H. 53 (1977)

STATE OF NEW HAMPSHIRE v. YVES TARDIFF

Supreme Court of New Hampshire.

January 31, 1977.


Attorney(s) appearing for the Case

David H. Souter, attorney general, and Edward N. Damon, assistant attorney general (Mr. Damon orally) for the state.

Kevin F. Sullivan, of Nashua, by brief and orally, for the defendant.


BOIS, J.

The defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor, second offense, RSA 262-A:62 (Supp. 1975). The defendant having agreed to findings of operation while under the influence and to the prior conviction as charged, the trial was limited to the question of whether the defendant was operating "upon any way" as required by statute.

The undisputed findings of the trial court show that the defendant...

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