State v. Pelky

The State appeals from an order of the Superior Court (Gray, J.) granting a motion by the defendant to quash an indictment charging him with second degree assault. RSA 631:2. We reverse and remand.

On October 8, 1986, the defendant, Michael Pelky, struck a bicycle ridden by Walter Ginalski with his truck. Mr. Ginalski, who had been riding near the white fog line bordering the southbound lane of Bypass Route 28 in Auburn at the time of the collision, sustained fractures to the bones in his back. Based on this incident, a Rockingham County Grand Jury returned an indictment on November 12, 1986,…