STATE v. FITZGERALD

No. 91-539.

137 N.H. 23 (1993)

THE STATE OF NEW HAMPSHIRE v. KENNETH FITZGERALD.

Supreme Court of New Hampshire.

March 30, 1993.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Janice K. Rundles, assistant attorney general, on the brief and orally), for the State.

Twomey & Sisti Law Offices, of Concord (Mark L. Sisti and Jonathan R. Saxe on the brief, and Mr. Sisti orally), for the defendant.


BROCK, C.J.

The defendant, Kenneth Fitzgerald, was indicted on one count of negligent homicide stemming from a motor vehicle accident. The Superior Court (Gray, J.) dismissed the indictment on double jeopardy grounds, deciding that the defendant had already been prosecuted for his conduct when he was found guilty of failing to stop at a red light, a traffic violation under RSA 265:2 and RSA 265:10. On appeal, the State argues that a conviction of a traffic...

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