McBRIDE v. ORR

No. 82-557.

124 N.H. 66 (1983)

DAVID J. McBRIDE & a. v. ROBERT ORR.

Supreme Court of New Hampshire.

October 5, 1983.


Attorney(s) appearing for the Case

Decato & Cirone P.A., of Lebanon (R. Peter Decato on the brief), by brief for the plaintiffs.

Buckley & Zopf, of Claremont (Robert B. Buckley, Jr., on the brief), by brief for the defendant.


BATCHELDER, J.

The question presented in this appeal is whether the authority vested in certain law enforcement officers by RSA 466:36 to "kill any dog found in the act of maiming or in close pursuit of deer, moose, caribou, sheep, cattle, swine or poultry" may be exercised after the fact or only while the dog is in the act of maiming or in "close pursuit." We hold that the statute applies only while the act of maiming or close pursuit is taking place.

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