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STATE v. SANTY

No. 5750.

109 N.H. 85 (1968)

STATE v. RODERICK E. SANTY (MITCHELL).

Supreme Court of New Hampshire.

Decided May 29, 1968.

Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General and Henry F. Spaloss, Assistant Attorney General (Mr. Spaloss orally), for the State.

Mack M. Mussman (by brief and orally), for the defendant.

KENISON, C. J.

The defendant was found guilty by a jury of arson of a dwelling house. RSA 584:1. The defendant's motion for a directed verdict of not guilty was based on the undisputed fact that the selectmen of the town of Littleton, where the offense was committed, did not prosecute the case. RSA 584:9 provides that "It shall be the duty of mayors of cities and selectmen of towns to prosecute all offenses arising under this chapter." The chapter is entitled "Arson...

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