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Criminal Law Keyed to Weaver
New Hampshire v. Sinbandith
Citation:
143 N.H. 579, 729 A.2d 994 (1999)Facts
On four occasions Nightingale gave Sinbandith money and Sinbandith would drive to another location accompanied by at least one other associate of his. When Sinbandith would return he would give Nightingale crack cocaine. On one of the four occasions Sinbandith was unable to obtain the cocaine and gave Nightingale the money back.
Seven indictments were issued against the defendant, three of them alleged that Sinbandith: “DID, IN CONCERT WITH AIDED BY ANOTHER, KNOWINGLY SELL OR DISPENSE A QUANTITY OF THE CONTROLLED DRUG, CRACK COCAINE.” Each of these had a caption on the top corner that read “ACCOMPLICE TO SALE OF A CONTROLLED DRUG.”
Defendant argues that those three indictments should be dismissed because accomplice liability requires a purposely mens rea not a knowingly mens rea as the indictments have.
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Topic Resources
Topic Outline
Accomplice Liability