STATE v. DEFLORIO

No. 85-165.

128 N.H. 309 (1986)

THE STATE OF NEW HAMPSHIRE v. RONALD J. DEFLORIO

Supreme Court of New Hampshire.

July 17, 1986.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Ronald F. Rodgers, senior assistant attorney general, on the brief and orally), for the State.

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

Gallagher, Callahan & Gartrell P.A., of Concord (Steven J. McAuliffe on the brief and orally), for Merrimack County and the Merrimack County Commissioners.


SOUTER, J.

The Concord District Court (Sullivan, J.) has transferred two questions without ruling: whether a minor charged with a misdemeanor traffic offense may be prosecuted and, upon conviction incarcerated as an adult under the authority of RSA 169-B:32 (Supp. 1985); and, if so, whether application of the statute in such a case would offend standards of equal protection or result in the imposition of cruel, unusual...

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