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STATE v. ETZWEILER

Nos. 83-037, 83-088.

125 N.H. 57 (1984)

THE STATE OF NEW HAMPSHIRE v. MARK A. ETZWEILER. THE STATE OF NEW HAMPSHIRE v. RALPH BAILEY.

Supreme Court of New Hampshire.

June 13, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Michael A. Pignatelli, assistant attorney general, on the briefs and orally), for the State.

Keefe & Keefe, of Wilton (William Keefe on the brief and orally), for the defendant Mark A. Etzweiler.

James E. Duggan, appellate defender, and Joanne S. Green, assistant appellate defender, of Concord (Mr. Duggan on the brief, and Ms. Green orally), for the defendant Ralph Bailey.

BATCHELDER, J., with whom BROCK, J., concurs.

The issues raised in these consolidated cases involve the applicability of New Hampshire's motor vehicle laws and Criminal Code to a simple fact situation. The State and Mark A. Etzweiler, one of the defendants, have stipulated to the following facts. On July 30, 1982, the defendants, Mark Etzweiler and Ralph Bailey, arrived in Etzweiler's automobile at the plant where both were...

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