State v. Berge
| Decision Date | 31 October 1969 |
| Docket Number | No. 5943,5943 |
| Citation | 109 N.H. 570,258 A.2d 489 |
| Parties | STATE v. Richard A. BERGE & a. |
| Court | New Hampshire Supreme Court |
George S. Pappagianis, Atty. Gen., and Henry F. Spaloss, Asst. Atty. Gen., for the State.
Bell & Kennedy (William H. Kennedy, Keene, orally), for defendants.
The defendants were indicted on January 22, 1969, for unlawfully selling a narcotic drug, marijuana, in violation of RSA 318-A:2. There are three indictments against Prevost and one against Berge. At their arraignment and before a plea, they both moved to quash the indictments on the ground that RSA 318-A:21 II which establishes the penalty at a minimum of five years, also provides that 'the imposition or execution of sentence shall not be suspended' and is therefore invalid as an unconstitutional encroachment upon the judicial power of the courts. The questions raised by the motions were transferred without rulings by Morris, J.
Although the defendants raise a constitutional question involving the separation of powers of our government, we do not need to reach that question in this case. By Laws of 1969, ch. 421, the legislative branch repealed ch. RSA 318-A and enacted ch. RSA 318-B (supp) in its place. The new legislation does not purport to impose mandatory minimum sentences nor to prohibit the courts from exercising their power to suspend sentences. In fact, the existence of that power is assumed, s. 28.
It is provided by Laws of 1969, 421:2 (RSA ch. 318-B (supp)) that as to offenses committed prior to the repeal of ch. RSA 318-A 'when any punishment, penalty or...
To continue reading
Request your trial
-
State v. Campbell, No. 5941
...sentence of five years for the offense charged and prohibited any suspension of the sentence by the Trial Court. In State v. Berge et al., 109 N.H. 570, 258 A.2d 489 involving a similar challenge to this statute we held the question moot since Laws 1969, ch. 421 repealed the mandatory requi......
-
State v. Schena
...for reasons substantially the same as those advanced in support of a like motion considered by this court in State v. Berge, 109 N.H.--, 258 A.2d 489 (October 31, 1969). As there stated, the issues raised are moot by reason of the repeal of RSA ch. 318-A, effective August 31, 1969, by RSA c......
-
State v. Burroughs
...v. State, 246 Ark. 1130, 1133, 442 S.W.2d 216, 217 (1969); 24 C.J.S. Criminal Law § 1618(1), at 869-870 (1961); see State v. Berge, 109 N.H. 570, 258 A.2d 489 (1969). The basis for the inherent power of a court to suspend part or all of a sentence, usually in favor of probation or some othe......