State v. Allison

Two indictments for second degree murder charged the defendant with the same act causing the death of one Clark. One indictment alleged that the defendant knowingly caused the death of the victim. RSA 630:l-b, 1(a). The other alleged that he caused the death recklessly under circumstances manifesting extreme indifference to the value of human life. RSA 630:l-b, 1(b). The Superior Court (Contas, J.) denied the defendant’s pretrial motion to require the State to elect to try only one indictment. Following trial on both, a jury found the defendant guilty of second degree murder. We affirm.

Since…