STATE v. DENNEY

No. 86-451.

130 N.H. 217 (1987)

THE STATE OF NEW HAMPSHIRE v. HOWARD W. DENNEY

Supreme Court of New Hampshire.

Decided December 23, 1987.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Tina Schneider, assistant attorney general, on the brief, and Steven L. Winer, assistant attorney general, orally), for the State.

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


JOHNSON, J.

The defendant appeals his conviction of driving while intoxicated, second offense, after a jury trial in the Superior Court (O'Neil, J.), and raises the following question for our review: whether part I, article 15 of the New Hampshire Constitution, guaranteeing due process, precludes the State from introducing into evidence a defendant's refusal to submit to a blood alcohol test (a test), where he had not been warned that his refusal could be used...

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