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STATE v. SUNDEL

No. 82-220-M.P.

460 A.2d 939 (1983)

STATE v. William A. SUNDEL and Frank W. Nelson.

Supreme Court of Rhode Island.

Reargument Denied June 23, 1983.

Attorney(s) appearing for the Case

Dennis J. Roberts II, Atty. Gen., Kenneth P. Madden, Asst. Atty. Gen., for plaintiff.

John A. O'Neill, Jr., James H. Leavey, Providence, for defendants.

OPINION

KELLEHER, Justice.

We have issued our common-law writ of certiorari to review the defendants' claim that a Superior Court justice erred when he denied their motion to dismiss an October 1981 two-count indictment that charged them with (1) conspiring to possess marijuana with an intent to deliver that substance and (2) possession of marijuana with an intent to deliver the same. The dismissal motion, which was based upon the constitutional guarantee...

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