STATE v. TAYLOR

No. 88-184.

132 N.H. 314 (1989)

THE STATE OF NEW HAMPSHIRE v. DANIEL TAYLOR

Supreme Court of New Hampshire.

November 13, 1989.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (John S. Davis, assistant attorney general, and Mark E. Howard, attorney, on the brief, and Mr. Davis orally), for the State.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant.


JOHNSON, J.

The defendant was convicted of driving while under the influence of intoxicating liquor, subsequent offense, after a two-day jury trial. RSA 265:82, I(a) (Supp. 1988). On appeal he argues that the Trial Court's (Dickson, J.) instruction to the jury that his blood alcohol level of .13 percent was prima facie evidence that he was driving under the influence of intoxicating liquor was in error. The defendant contends that since his blood alcohol content...

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