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STATE v. MARTELL

No. 80-302.

121 N.H. 267 (1981)

THE STATE OF NEW HAMPSHIRE v. CHARLES F. MARTELL.

Supreme Court of New Hampshire.

April 3, 1981.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Martha V. Gordon, assistant attorney general, by brief and orally), for the State.

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

MEMORANDUM OPINION

The defendant was convicted of driving on Route 101-A in the town of Merrimack while under the influence of intoxicating liquor, in violation of RSA 262-A:62 I (Supp. 1979). In order to sustain its burden of proving that the violation occurred on a "public way," see State v. Duranleau, 99 N.H. 30, 31, 104 A.2d 519, 520-21 (1954), the State had introduced into evidence a copy of the appropriate commission...

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