Court of Appeals for the First Circuit June 8, 1970, 7505 (United States v. Michael Angelo Diaz)

COFFIN, Circuit Judge.

Shortly before midnight on July 3, 1969, Sergeant Foisy of the New Hampshire State Police, on routine patrol through the town of West Ossipee with another patrolman, observed defendant Michael Diaz hitchhiking by the side of the road, a misdemeanor under New Hampshire law. N.H.R.S.A. 262-A:38.