New Hampshire v. Sinbandith

729 A.2d 994 (1999)

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Nature of the Case

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Facts

Undercover officer Nightingale, made arrangements with D for several purchases of crack cocaine. Nightingale gave d a sum of money, and D drove to a separate location. On all but one of these occasions either Elizabeth Begin, D's girlfriend, or Velvet Weeks, another associate of D, accompanied D to the other location. Upon D's return, Weeks would hand Nightingale or another undercover officer a quantity of crack cocaine. D was indicted on seven counts three of which were in concert with or aided by another. D moved to dismiss the accomplice indictments, arguing that they were defective because they alleged that he had acted 'knowingly' when accomplice liability requires the mens rea of 'purposely.' P countered that the 'in concert with and aided by another' language of the indictments charged the D either as a principal or as an accomplice, and that 'knowingly' was the proper mens rea to charge D as a principal. The court denied the motion. D was convicted on each charge and appealed. In part, D argues that the trial court should have dismissed the sale indictments for failure to allege the proper mens rea.