STATE v. TARANTINO

No. 94-447.

140 N.H. 523 (1995)

THE STATE OF NEW HAMPSHIRE v. MARK TARANTINO

Supreme Court of New Hampshire.

December 19, 1995.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Patrick E. Donovan, assistant attorney general, on the brief and orally), for the State.

Paul J. Garrity, of Londonderry, by brief and orally, for the defendant.


PER CURIAM.

After a bench trial, the Derry District Court (Thornton, J.) convicted the defendant, Mark Tarantino, of driving while intoxicated. See RSA 265:82 (1993). On appeal, the defendant asserts that the trial court erred in denying his motions to dismiss and to set aside the verdict based upon insufficiency of the evidence. We reverse.

In the evening of October 6, 1993, Londonderry Police Officer Jack Slade noticed an empty pickup truck...

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