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STATE v. TRIVISONNO

No. 1879-C.A.

307 A.2d 539 (1973)

STATE v. Gennaro J. TRIVISONNO.

Supreme Court of Rhode Island.

Reargument Denied October 16, 1973.

Attorney(s) appearing for the Case

Richard J. Israel, Atty. Gen., Bennett R. Gallo, Sp. Asst. Atty. Gen., for plaintiff.

Kelly, Kelleher & Butterfield, Charles Butterfield, Jr., John E. Fuyat, Providence, for defendant.

OPINION

PAOLINO, Justice.

This case is before us on the state's exception to the granting by the Superior Court of the defendant's motion to dismiss an indictment for manslaughter on the ground of double jeopardy.1

The double jeopardy clause of the fifth amendment of the Constitution of the United States forbids prosecution for the same offense whether after acquittal or conviction. Green v. United States,

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