Cited by

Each indictment charged separate crimes.

In order to be convicted of aggravated felonious sexual assault under that subparagraph, the State must prove the elements of the triggering offense, whether it be false imprisonment, kidnapping, or extortion.

State v. Bussiere, 118 N.H. 659, 662, 392 A.2d 151, 153 (1978); State v. Sullivan, 101 N.H. 429, 432-33, 146 A.2d 1, 4 (1958).

State v. Inselburg, supra at 827, 330 A.2d at 459; compare State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978) (striking down an indictment referring to “circumstances involving kidnapping” because it failed to “enumerate the facts establishing the necessary elements of kidnapping”) with State v. Taylor, 121 N.H. 489, 494, 431 A.2d 775, 778 (1981) (upholding an indictment otherwise similar to t

While these objectives require that a complaint clearly set out all elements of the offense, see State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978), an element need not be stated in precise statutory language, if the complaint as a whole may fairly be understood to charge it.

d, with, the purpose to cause the death of Peggy E. Allen, shoot her in the back and arm with a.38 caliber revolver, an act which, under the circumstances as he then believed them to be, was a substantial step towards the commission of the crime of murder.” The defendant moved to quash the indictment on the ground that it failed to allege all of the elements of an offense, see State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978), and failed to allege sufficient facts to apprise him of

It must describe all of the essential elements of the crime.

Compare, e.g., RSA 630:1-b, 1(a) and RSA 630:2, 1(b) (certain forms of second degree murder and manslaughter distinguished by difference between knowing and reckless state of mind).

While the indictment at issue is redundant, it is not duplicitous.

.” This section sets forth the conduct element of accomplice liability, see State v. Vaillancourt, 122 N.H. 1153, 1154, 453 A.2d 1327, 1328 (1982), and the necessary accompanying mental state, see State v. Bussiere, 118 N.H. 659, 663, 392 A.2d 151, 154 (1978).

State v. Chaisson, 123 N.H. 17, 25, 458 A.2d 95, 99 (1983); State v. Bussiere, 118 N.H. 659, 662-63, 392 A.2d 151, 154 (1978).

State v. Shute, id., 446 A.2d at 1166; State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978).

State v. Shute, 122 N.H. 498, 504, 446 A.2d 1162, 1165-66 (1982); State v. Taylor, 121 N.H. 489, 495, 431 A.2d 775, 778 (1981); State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978).

In State v. Bussiere, 118 N.H. 659, 662-63, 392 A.2d 151, 154 (1978), this court upheld an accomplice-to-attempted-murder indictment with substantially the same wording as the one in this case.

.” Relying on State v. Bussiere, 118 N.H. 659, 392 A.2d 151 (1978), the defendant argues that when one crime is defined in terms of another crime, the necessary elements of the second crime must be included in the indictment.

State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978); 1 R. McNamara, supra § 310, at 194.

State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978) (citations omitted).

Nothing in this opinion should be construed as indicating that the State was barred from having reconvened a grand jury to reindict the defendant.

The defendant next contends that the indictment charging him with aggravated felonious sexual assault, RSA 632-A:2 V (Supp. 1979), should have been quashed because it did not specify the facts or circumstances of the underlying kidnapping or false imprisonment.

State v. Bussiere, 118 N.H. 659, 392 A.2d 151 (1978); State v. Inselburg, 114 N.H. 824, 330 A.2d 457 (1974).

“An indictment is sufficient only if it ‘clearly sets out all of the necessary elements constituting the offense.’ “State v. Bussiere, 118 N.H. 659, 661, 392 A.2d 151, 153 (1978), quoting State v. Inselburg, 114 N.H. 824, 827, 330 A.2d 457,459 (1974); N.H. CONST, pt.