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STATE v. KELLY

No. 88-70-C.A.

554 A.2d 632 (1989)

STATE v. Michael P. KELLY.

Supreme Court of Rhode Island.

February 21, 1989.

Attorney(s) appearing for the Case

James E. O'Neil, Atty. Gen., Caroline Cole Cornwell, Nicholas Trott Long, Asst. Attys. Gen., for plaintiff.

John F. Cicilline, Providence, for defendant.

OPINION

SHEA, Justice.

This matter is before the Supreme Court on an appeal by Michael P. Kelly (defendant or Kelly), from his conviction in the Providence County Superior Court for first-degree sexual assault. G.L. 1956 (1981 Reenactment) § 11-37-2 as amended by P.L. 1984, ch. 355, § 1, and § 11-37-3. We vacate the conviction and remand the case to the Superior Court for a new trial.

The evidence presented at trial established that...

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