State v. Blais
| Decision Date | 29 June 1962 |
| Citation | 182 A.2d 467,104 N.H. 214 |
| Parties | STATE v. Oscar J. BLAIS. |
| Court | New Hampshire Supreme Court |
William Maynard, Atty. Gen., Irma A. Matthews, Law Asst., and Paul A. Rinden, County Atty., for the State.
Sheehan, Phinney, Bass, Green & Bergevin, Gerard O. Bergevin, Manchester, for defendant.
The defendant's motion to quash the complaint on various grounds related to what occurred in the municipal court. Inasmuch as the defendant's appeal is pending in the Superior Court and the evidence which was allegedly admitted erroneously in the municipal court may or may not be presented in the Superior Court, we have no occasion to pass on the validity of the motion to quash. State v. Cook, 96 N.H. 212, 72 A.2d 778. All rights of the defendant can be protected by the appeal that he has taken. 2 Wharton's Criminal Procedure (10th ed.) s. 1455.
If the question of proving the former conviction is raised on the appeal, this can be done by several methods, none of which is particularly burdensome. The original court record or a certified copy of it prepared by the clerk or the judge of the Hooksett municipal court would, of course, be sufficient. RSA 516:30; State v. Cox, 69 N.H. 246, 41 A. 862; State v. Deane, 101 N.H. 127, 130, 135 A.2d 897. Another means of proving the prior conviction would be to call the clerk of that court as was done in State v. Miller, 102 N.H. 260, 154 A.2d 699. Still another method of proving the former conviction would be the record certified by the Commissioner of Motor Vehicles under RSA 259:10, as implemented by RSA 262:30. State v. Cardin, 102 N.H. 314, 156 A.2d 118. See also, RSA ch. 520; 1 Underhill's Criminal Evidence (5th ed. 1956) s. 222.
Remanded.
All concur.
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State v. Ward, 78-100
...Certified copies of prior convictions prepared by a clerk of court are admissible into evidence. RSA 516:30; State v. Blais, 104 N.H. 214, 215, 182 A.2d 467, 469 (1962); State v. Deane, 101 N.H. 127, 130, 135 A.2d 897, 899 (1957). Records of convictions of motor vehicle violations, certifie......
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State v. Doucet
...v. Adams, 64 N.H. 440, 441, 13 A. 785. While there are several alternative methods of proving the previous conviction, (State v. Blais, 104 N.H. 214, 182 A.2d 467), the burden is on the state to introduce evidence thereof as required by the statute. State v. Cardin, 102 N.H. 314, 156 A.2d 1......
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State v. Doyle, 7784
...trial, should the defendant be found not guilty at either level, no appeal to this court would even be necessary. State v. Blais, 104 N.H. 214, 182 A.2d 467 (1962); State v. Hennessey, 110 N.H. 447, 270 A.2d 613 Accordingly, pursuant to RSA 490:4 (Supp.1975), there should be no further tran......
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State v. Hennessey, 6094
...See alo, State v. Deane, 101 N.H. 127, 131, 135 A.2d 897, 900. The reasoning of this dissent was accepted by the court in State v. Blais, 104 N.H. 214, 182 A.2d 467 where the transfer from the Superior Court related to a trial in the Municipal Court. The court then held there was no occasio......