State v. Blais

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. 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…