[Download] "State v. Leo P. Gilbert" by Supreme Court of New Hampshire * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Leo P. Gilbert
- Author : Supreme Court of New Hampshire
- Release Date : January 07, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
That part of the statute here involved is as follows: ""Whoever upon any way operates a vehicle recklessly... shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both; and for a second offense he shall be imprisoned not less than one month nor more than one year. If the death of any person results from the reckless operation of a motor vehicle the person convicted of such reckless operation shall, in lieu of any other penalty imposed by this section, be fined not more than one thousand dollars, or imprisoned not more than five years, or both, provided that the provisions of this section shall not be construed to limit or restrict prosecution for manslaughter."" While it is true that recklessness in the operation of a motor vehicle and the resulting death of a person are the sole requirements of the crime of which the defendant is accused, it is equally true that reckless conduct must be inferred from definite overt acts and that no act on which recklessness could be predicated is here alleged. It follows that the indictment, though phrased in the language of the statute, does not contain a fair and full description of the offense charged, within the meaning of Article 15 of the Bill of Rights. State v. Silverman, 76 N.H. 309. It differs from the indictment under consideration in the case of State v. Rousten, 84 N.H. 140, inasmuch as it does not inform the defendant of the nature and cause of the accusation against him with sufficient definiteness so that he can prepare for trial.