State v. Miller

I concur in the result reached by the majority on the question transferred but I would not rule on the validity of the arrest.

It does not appear that the defendant is now in custody or that determination of the validity of his arrest is germane to the trial of the charge against him. While we have suggested that interlocutory appeals in criminal cases “are not useful and should not be encouraged” (Jewett v. Siegmund, 110 N.H. 203, 206, 263 A.2d *665678, 680 (1970)), here we are asked to give advice on a matter now moot and irrelevant to the trial of the case.

The motion to quash the arrest in…