Opinion
No. 5006.
Argued May 2, 1962.
Decided June 29, 1962.
1. A respondent charged with a misdemeanor has no right to take depositions prior to arraignment and plea.
The defendant was arrested on July 14, 1961, and admitted to bail on the same day on a complaint charging him with operating a motor vehicle while under the influence of liquor, contrary to RSA 262:19. The case was continued until August 9, when he was brought before the Pittsfield municipal court where he filed a motion to take the depositions of the State's witnesses prior to his arraignment and to continue arraignment until such depositions had been taken and transcribed.
The court granted the motion and continued the case for the taking of depositions. All questions of law raised by the foregoing were reserved and transferred by David J. Cummings, special justice.
William Maynard, Attorney General, William J. O'Neil, Assistant Attorney General, and Paul A. Rinden, county attorney (Mr. O'Neil orally), for the State of New Hampshire.
Stanley Stanley (Mr. John W. Stanley, Jr. orally), for the defendant.
The underlying question before us is whether a defendant charged with a misdemeanor has the right to take depositions before arraignment and plea. Our answer is no. The issue is controlled by the case of State v. Myal, 104 N.H. 188. It follows that the ruling of the municipal court was erroneous.
The order is
Remanded.
DUNCAN, J., dissented; the others concurred.