
    Keene District Court
    No. 7195
    State of New Hampshire v. Morton Whippie
    October 31, 1975
    
      Warren B. Rudman, attorney general, and Robert V. Johnson II, assistant attorney general (Mr. Johnson orally), for the State.
    
      Bell & Kennedy and Joyce A. Wilder (Mr. Ernest L. Bell III orally) for the defendant.
   Memorandum Opinion

Defendant was prosecuted in the Keene District Court for the offense of driving while under the influence of intoxicating liquor by the arresting officer, a State trooper. Defendant’s motion that the arresting officer be disqualified as prosecutor was denied by the Acting Justice, Lichman, J., who reserved and transferred the defendant’s exception.

The same issue was determined adversely to the defendant in State v. Aberizk, 115 N.H. 535, 345 A.2d 407 (1975); State v. LaPalme, 104 N.H. 97, 179 A.2d 284 (1962); see State v. Urban, 98 N.H. 346, 100 A.2d 897 (1953).

Exception overruled; remanded.  