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STATE v. MARTY

No. 85-180-C.A.

501 A.2d 737 (1985)

STATE v. Kerry K. MARTY.

Supreme Court of Rhode Island.

December 12, 1985.

Attorney(s) appearing for the Case

Arlene Violet, Atty. Gen., Constance Messore, Thomas Dickinson, Sp. Asst. Attys. Gen., for plaintiff.

Oleg Nikolyszyn, Jackvony Dimitri & Shapira, Providence, for defendant.

OPINION

PER CURIAM.

The state has appealed from a ruling by a Superior Court justice who was of the opinion that even though a witness for the prosecution had been given immunity from prosecution pursuant to the terms of G.L. 1956 (1981 Reenactment) § 12-17-15, the witness could still invoke his federal constitutional right against incrimination because of the "federal questions involved." In taking this position, the Superior Court justice has erred...

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