OPINION
BEVILACQUA, Chief Justice.
The defendant, Lendon E. Boss, was indicted by a grand jury on December 3, 1981, charging him with operating a vehicle in reckless disregard of the safety of others resulting in the death of another, in violation of G.L. 1956 (1968 Reenactment) § 31-27-1, as amended by P.L. 1978, ch. 208, § 2. The case was tried before a justice of the Superior Court sitting with a jury on May 5, 1983,
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