Legal Opinion

State v. Urban

Supreme Court of New Hampshire

Decided November 30, 1953No. 4235PublishedCited by 6 opinions

1Opinion of the CourtKenison, C. J.

The single issue in this controversy is whether the prosecution for a misdemeanor in a municipal court by a chief of police or a police officer is prohibited by the statute law of this state. The defendant claims that such a prosecution is forbidden by R. L., c. 380, s. 23, which reads as follows: “23. Not to be attorney. No sheriff or deputy sheriff, police officer, constable or city marshal shall be suffered to appear in any court or before a justice as attorney for any party in a suit.”

This statute (s. 23) is of ancient vintage having been first enacted February 8, 1791, during the first…

2Cases cited1 opinion

  1. State v. McCannSupreme Judicial Court of Maine · 1877

3Cited by6 opinions

  1. Frese v. FormellaCourt of Appeals for the First Circuit · 2022
  2. People v. JacksonNew York Supreme Court · 1989
  3. State v. AberizkSupreme Court of New Hampshire · 1975
  4. Robert Frese v. Gordon J. MacDonald, In his official capacity only as Attorney General of the State of New HampshireDistrict Court, D. New Hampshire · 2019
  5. Frese v. NH Attorney GeneralDistrict Court, D. New Hampshire · 2019

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