State v. LaPalme

The motion of the State to remand the case for the failure of the defendant to file a brief or present an oral argument is directed at a practice which has been occasionally condoned, recently criticized (State v. Hazzard, decided this day, 104 N. H. 94) and never commended. Rockingham &c. Co. v. Batchelder, 73 N. H. 607; Musgrove v. Parker, 84 N. H. 550, 552; Bell Shops, Inc. v. Rosenblatt, 98 N. H. 162, 163. In view of the provisions of RSA 490:13 that “no case shall be dismissed for want of a brief” the motion to remand is denied, but as indicated in the Hazzard case, supra, this is a…