State v. Langelier.
| Decision Date | 06 April 1948 |
| Citation | 58 A.2d 315 |
| Parties | STATE v. LANGELIER. |
| Court | New Hampshire Supreme Court |
Reserved and Transferred from Superior Court, Hillsborough County; Lampron, Judge.
Leo P. Langelier was indicted for operating a motor vehicle recklessly so that death of three persons resulted. The case was taken from the jury for transfer to Supreme Court of the exceptions of defendant to order overruling his motion to quash indictment and to denial of motion that jury be permitted to sit in front seat of automobile involved so as to obtain first-hand information as to the accessibility, view and opportunity driver had.
Exceptions overruled.
Indictment for operating a motor vehicle recklessly in violation of R.L. c. 118, § 12, so that the death of three persons resulted. The offense allegedly took place August 31, 1947 on Warren Street in the city of Nashua. A jury was drawn and a view taken of the scene by the jury and the Court after which the defendant moved to quash the indictment on the grounds that it was insufficient in law, was vague, indefinite and failed to set forth the facts necessary to a fair and full description of the offense charged. This motion was denied subject to exception. The defendant had previously moved that the jury be permitted to sit in the front seat of the motor vehicle in order to obtain first hand information as to the accessibility, view and opportunity the driver had. The defendant excepted to the denial of this motion. After the denial of the motion to quash, the case was taken from the jury for transfer of the said exceptions to the Supreme Court.
Omitting the formal parts of the indictment, the pertinent parts thereof read as follows: ‘* * * did operate a motor vehicle bearing New Hampshire registration number 99368 in a northerly direction in a reckless manner to wit: he failed to have the said motor vehicle under proper control and drove first to the West side of the said Warren Street and then to the east side of the said street, to the danger of the lives and safety of the public; that while so operating the said motor vehicle as aforesaid, he the said Leo P. Langelier because of his failure to keep the said motor vehicle under proper control, that then and there three children, to wit: Harold Martin, Walter Martin, and Paul Levesque were playing on the sidewalk on the east side of Warren Street aforesaid, that the said Leo P. Langelier failed to bring the said motor vehicle under control, and by reason of the reckless operation he, the said Leo P. Langelier struck the said Harold Martin, Walter Martin and Paul Levesque with great force and violence, and they the said Harold Martin, Walter Martin and Paul Levesque did receive fractures and internal injuries of which they did die, the death of the said Harold Martin, Walter Martin and Paul Levesque resulting from the reckless operation of the...
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...of death. See RSA 626:2, I. The statute prohibits reckless driving, and conduct which constitutes reckless driving, see State v. Langelier, 95 N.H. 97, 58 A.2d 315 (1948), does so regardless of the what harm actually results. See State v. Turgeon, 101 N.H. 300, 303, 141 A.2d 881, 883 (1958)......
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