In NH regarding assault and Accomplice to simple assault if the principle is found Not Guilty can the state pursue charges for the Accomplice?

Answer 1

It depends on the jurisdiction. In the federal system an indictment is handed down from a grand jury. So the prosecutor has to take the evidence into them to issue charges.

The prosecutor has to show that a crime happened and that there is a possibility that the person in question was involved.

In many states a prosecutor draws up an indictment and has a judge sign it. In that situation no grand jury is involved.An accessory follows the nature of his principal, thus, an accessory can not be found guilty of a greater crime than his principal.

When the principal thing is destroyed, those things which are accessory to it are also destroyed.

Where there can be no principal, there cannot be an accessory.