SALEM, N.H. (AP) – A Salem District Court judge dismissed a misdemeanor charge against a state legislator after the key witness against him failed to show up for his trial.

Rep. John Manning, R-Salem, was charged with allowing an underage friend of his daughter to drink beer at his restaurant at the Rockingham Park race track. Sheryl Brown, who was celebrating her 20th birthday on June 12, crashed her car later that day.

Brown was convicted of driving while intoxicated. Salem police said she avoided a more serious charge of aggravated drunken driving by agreeing to testify against Manning.

Salem police prosecutor Robert Prince said in court Wednesday that Brown’s lawyer had assured him she would testify, but he found out that morning she didn’t know she needed to be in court that day and had no way of getting there from her home in Hillsborough.

Prince asked the judge to postpone the trial.

Manning has accused the police of unjustly seeking the charge against him. His trial already was postponed once, and he objected to any further delays.

“I left the Statehouse to come, and I just want it done and over with,” Manning told Judge Michael Jones.

The judge told the police prosecutor it was not Manning’s fault the witness hadn’t appeared and denied Prince’s request for an extension. Prince then forfeited the case, leading to Manning’s acquittal.

Manning said he had nothing to do with Brown’s failure to appear.