23 A. 629
Supreme Court of New Hampshire Hillsborough.
Decided December, 1888.
R. M. Wallace, solicitor, for the state.
Sulloway Topliff and G. B. French, for the defendants.
BINGHAM, J.
The case in its present form presents questions
Page 668
which may never arise on a trial. It is not advisable to pass upon unnecessary cases. State v. Stevens, 36 N.H. 59, 60; Sceva v. True, 53 N.H. 627; State v. Baron, 64 N.H. 612.
CLARK, J., did not sit: the others concurred.
Case discharged.