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eBook details

• Title: State v. Richard Mealey
• Author : Supreme Court of New Hampshire
• Release Date : January 31, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

By motion to dismiss made in advance of the trial and renewed at the close of the State's evidence, the respondent sought dismissal of the indictment upon the ground that it failed to set forth an offense. His motion further brought in question the sufficiency of the evidence to warrant conviction under RSA 262:23. The material portions of this statute provide as follows: ""Any person operating a motor vehicle, knowing that injury has been caused by him to a person or to property, shall forthwith bring his vehicle to a stop, return to the scene of the accident, give to the operator of any other vehicle involved in said accident, and to the person, or the owner of the property, injured, his name and address, the number of the driver's license, registration number of the motor vehicle and the name and address of each occupant thereof. If the owner of the property damaged is not available at the place of the accident, the information required hereunder shall be given to a policeman at the nearest police station."" It is obvious that the essential element of the statutory offense is the failure to furnish, in the manner specified, information which will identify a vehicle, and the operator and occupants thereof, which has caused personal injury or property damage, to the knowledge of the operator. State v. Soucy, 97 N.H. 233, 235. See Runyon v. State, 219 Ind. 352; People v. Huber , 64 Cal. App. 352, 355. The offense may consist in failing to furnish the required information at the scene of the accident to two classes of persons: (1) the operator of ""any other motor vehicle involved"" and (2) the person injured or the owner of property injured as the case may be; or it may consist in failing to furnish the information at the nearest police station, to a policeman, in case the injury is to property the owner of which is not available at the scene. Since this indictment alleged no injury to property, the allegation that the respondent failed to ""report to a police officer"" charged no offense, but was merely surplusage. It might well have been stricken on the respondent's motion. The remainder of the indictment failed to allege the essential element of failure to furnish the requisite information at the scene. State v. Soucy, supra.

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