STATE v. SPIVEY

No. 1979-C. A.

316 A.2d 498 (1974)

STATE v. Clarence E. SPIVEY.

Supreme Court of Rhode Island.

March 18, 1974.


Attorney(s) appearing for the Case

Richard J. Israel, Atty. Gen., Donald P. Ryan, Asst. Atty. Gen., R. Raymond Greco, Sp. Asst. Atty. Gen., for plaintiff.

William F. Reilly, Public Defender, Allegra E. Munson, Asst. Public Defender, for defendant.


OPINION

PAOLINO, Justice.

The principal issue in this case is whether the trial justice abused his discretion in denying the defendant's motion to recall a witness for the purpose of cross-examination. For the reasons that follow we hold that he did not.

In May 1970, two indictments were returned against defendant for robbery. Both were later amended to larceny from the person. In May 1970, he pleaded nolo contendere to each. On Indictment No. 70...

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