STATE v. McGEHEARTY

No. 77-272-C.A.

394 A.2d 1348 (1978)

STATE v. Frank A. McGEHEARTY.

Supreme Court of Rhode Island.

December 5, 1978.


Attorney(s) appearing for the Case

Julius C. Michaelson, Atty. Gen., John S. Foley, Sp. Asst. Atty. Gen., for plaintiff.

John A. O'Neill, Jr., Providence, for defendant.


OPINION

JOSLIN, Justice.

In July 1976, a jury in the Superior Court found the defendant, Frank A. McGehearty, guilty of robbery and he appealed.

At about noon on January 17, 1976, defendant began drinking at the bar of a local hostelry. About 3 hours later, he departed, having by then, according to his testimony, consumed about 15 bottles of beer and a substantial amount of whiskey. There was also testimony that he continued his drinking at several...

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