State v. Comparone

Appeal from a conviction for operating a motor vehicle on a public way under the influence of intoxicating liquor. RSA 262-A:62. Trial before Leahy, C.J., at which both a jury and a stenographic record were waived, resulted in a verdict of guilty. At the conclusion of the State’s case, defendant moved for a dismissal on several grounds among which that there had been no opinion testimony by any witness for the prosecution that the defendant was under the influence of intoxicating liquor. The court permitted the State to reopen and such evidence was introduced by way of the opinion of die…