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STATE v. DERY

No. 84-586.

126 N.H. 747 (1985)

THE STATE OF NEW HAMPSHIRE v. GEORGE DERY

Supreme Court of New Hampshire.

July 3, 1985.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Robert B. Muh, attorney, on the brief), by brief for the State.

Joanne S. Green, assistant appellate defender, of Concord, by brief for the defendant.

DOUGLAS, J.

The Superior Court (Nadeau, J.) transferred the following question to this court: "Before the results of a chemical test may be introduced into evidence against a defendant charged with negligent homicide under RSA 630:3, II, must the officer procuring the test comply with the prerequisites of RSA 265:87?" RSA 265:87 outlines the prerequisites to admissibility of a blood alcohol content test. We answer the transferred question in the affirmative...

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