State v. Santy

The defendant was found guilty by a jury of arson of a dwelling house. RSA 584:1. The defendant’s motion for a directed verdict of not guilty was based on the undisputed fact that tlie selectmen of the town of Littleton, where the offense was committed, did not prosecute the case. RSA 584:9 provides that “It shall be the duty of mayors of cities and selectmen of towns to prosecute all offenses arising under this chapter.” The chapter is entitled “Arson and Burning Property.’’The motion was denied and the defendant’s exception thereto was reserved and transferred by Leahy, C. J.

RSA 584:9 was…