New Hampshire v. Sinbandith
New Hampshire Supreme Court
729 A.2d 994 (1999)
An undercover detective arranged several crack-cocaine purchases with Bounleuth "Pheng" Sinbandith (defendant), who would take the detective's money, drive to another location with a companion, and return with the drugs delivered by the companion. New Hampshire (plaintiff) indicted Sinbandith on seven counts alleging he acted "in concert with" another to knowingly sell drugs, with the indictments also noting he was charged as an accomplice. Sinbandith moved to dismiss, arguing the indictments were defective because they alleged only a "knowing" mental state while accomplice liability requires acting "purposefully." The trial court denied the motion, and a jury convicted him.
Whether an indictment charging a defendant with acting "in concert with" another sufficiently notifies the defendant that he is charged with both principal and accomplice liability, without separately alleging the accomplice mens rea.