STATE v. AUBERT

No. 78-189.

118 N.H. 739 (1978)

THE STATE OF NEW HAMPSHIRE v. RONALD AUBERT

Supreme Court of New Hampshire.

October 30, 1978.


Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Peter W. Heed, assistant attorney general, by brief and orally), for the State.

Cathy J. Green, of Manchester, by brief and orally, for the defendant.


GRIMES, J.

The issue in this violation of probation proceeding is whether the trial justice who heard the matter was disqualified by reason of having presided when the defendant entered a plea of guilty, which was later withdrawn, and by reason of certain statements made by the justice during the proceeding. We hold that on the facts of this case there was no disqualification.

Defendant pleaded guilty in 1976 to selling...

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