State v. Myal

The underlying question before us is whether a defendant charged with a misdemeanor has the right to take depositions before arraignment and plea. Our answer is no.

The right to take depositions in a criminal case which did not exist at common law (State ex rel Regan v. Superior Court, 102 N. H. 224, 227) is governed by RSA 517:13, which provides: “The respondent in a criminal case may take the deposition of any person in his defense, upon giving the same notice of the caption thereof to the solicitor of the county that is required to be given to the adverse party in a civil case . ”

The…