State v. Aberizk

This case arises from a prosecution for operating a motor vehicle while under the influence of intoxicating liquor in violation of RSA 262-A:62 (Supp. 1973). At trial the arresting officer took the oath and began to testify. The defendant objected to the procedure of permitting the arresting officer to act as both prosecutor and witness. The District Court, McDermott, transferred the objection without ruling.

The legislature has permitted and even directed police officers to prosecute minor criminal cases for more than a century. State v. Urban, 98 N.H. 346, 100 A.2d 897 (1953). The precise…