STATE v. FLEMING

No. 78-245.

119 N.H. 245 (1979)

THE STATE OF NEW HAMPSHIRE v. PATRICK FLEMING

Supreme Court of New Hampshire.

April 13, 1979.


Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Peter W. Mosseau orally), for the State.

Wiggin & Nourie, of Manchester (Stephen J. Patterson orally), for the defendant.


PER CURIAM.

Defendant was charged with driving under the influence of intoxicating liquor, second offense, in violation of RSA 262-A:62. He moved to dismiss on the ground of prejudice because the complaint, as required by the statute, included the prior conviction as an element of the offense.

[1, 2] The questions raised by defendant's motion were transferred in advance of trial without ruling by Michael, S.J. This issue should not have been transferred...

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