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STATE v. TATE

No. 1572-Ex. &c.

288 A.2d 494 (1972)

STATE v. Howard W. TATE.

Supreme Court of Rhode Island.

March 17, 1972.

Attorney(s) appearing for the Case

Richard J. Israel, Atty. Gen., Donald P. Ryan, Asst. Atty. Gen., Henry Gemma, Jr., Sp. Asst. Atty. Gen., for plaintiff.

William F. Reilly, Public Defender, John P. Toscano, Jr., Asst. Public Defender, for defendant.

OPINION

JOSLIN, Justice.

Howard W. Tate was tried and convicted by a jury in the Superior Court on a charge of rape. He is here pressing his exceptions to the trial justice's refusal to pass the case and to grant his motion for a new trial.

A mere outline of the evidence will suffice for our purposes. On the evening of September 5, 1969, the prosecutrix, then a girl of about 17 years, and some others went to a beach along the upper reaches of Narragansett...

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