The State of New Hampshire v. Mark A. Etzweiler the State of New Hampshire v. Ralph Bailey

Summary

The court dismissed all negligent-homicide indictments against Etzweiler, holding that his knowing loan of a vehicle to an intoxicated driver did not establish criminal liability as a principal and that a person cannot be an accomplice to negligent homicide under the applicable statutory scheme. The court upheld the denial of Bailey's motion to dismiss, concluding that manslaughter and reckless driving causing death are distinct offenses because they require recklessness concerning different matters, and that reckless driving causing death is a lesser-included offense of manslaughter. Justice King, dissenting in part, would have allowed the Etzweiler indictments to proceed and would have reached the constitutional issues in Bailey; Justice Souter concurred specially on statutory interpretation, and Justice Douglas dissented in part regarding Etzweiler's principal liability.