State v. Twitchell

I dissent, believing the legislation in question, as interpreted, paves the way for an accused to be placed twice in jeopardy1 and represents class legislation.2 It hands a prosecutor a double-barreled shotgun, either barrel of which could be discharged, followed by the other in the discretion of the prosecutor. Permitting this has been held to violate the equal protection clauses of both state and federal constitutions.3

Should the lesser offense be pursued, the prosecutor need but allege negligence. Drunkenness could be ignored as an element of the offense. Should the felony charge be…