State v. Welch

120 N.H. 687 (1980)

THE STATE OF NEW HAMPSHIRE

v.

MICHAEL E. WELCH

No. 80-052.

Supreme Court of New Hampshire.

October 2, 1980.

Gregory H. Smith, acting attorney general (David L. Harrigan, assistant attorney general, orally), for the State.

Emile R. Bussiere and Richard J. Walsh, of Manchester (Mr. Walsh orally), for the defendant.

DOUGLAS, J.

The issue in this driving-under-the-influence case is whether it was error not to grant a mistrial because of an unresponsive answer of a State's witness. We reverse.

At this twenty-three-year-old defendant's trial by jury for operating a motor vehicle while…