Ralph Bailey (defendant) and Mark Etzweiler (defendant) drove in Etzweiler's car to the automobile plant where they both worked. Bailey had been drinking alcohol, and Etzweiler knew this, but Etzweiler gave Bailey the keys to Etzweiler’s car anyway for him to drive home. On the way home, Bailey crashed Etzweiler's car into another car and killed two people. A grand jury charged Bailey with manslaughter and Etzweiler with negligent homicide. The grand jury also charged Etzweiler with negligent homicide as an accomplice. Etzweiler filed motions to quash the indictments against him, and the lower court transferred the questions to the New Hampshire Supreme Court.