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STATE v. NEARY

Nos. 77-174-C.A., 78-290-C.A.

404 A.2d 65 (1979)

STATE v. George F. NEARY et al. George F. NEARY et al. v. William E. LAURIE.

Supreme Court of Rhode Island.

July 24, 1979.

Attorney(s) appearing for the Case

Seymour Posner, Sp. Asst. Atty. Gen., for the State.

Allegra E. Munson, Asst. Public Defender, for George F. Neary et al.

OPINION

JOSLIN, Justice.

The defendant, George F. Neary, is presently serving a 5-year sentence imposed in 1976 after he was found to be a violator of a deferred sentence. He had received that sentence on July 3, 1972, after pleading nolo contendere in the Superior Court to an indictment charging that he had entered an apartment intending to commit larceny. Neary now contends that his indictment should be quashed because it fails to charge an offense.

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