STATE v. CAPUANO

No. 89-283-C.A.

591 A.2d 35 (1991)

STATE v. Thomas CAPUANO.

Supreme Court of Rhode Island.

May 17, 1991.


Attorney(s) appearing for the Case

James E. O'Neil, Atty. Gen., Jeffrey Greer, Asst. Atty. Gen., for plaintiff.

Richard Casparian, Public Defender, Catherine Gibran and Barbara Hurst, Asst. Public Defenders, for defendant.


OPINION

FAY, Chief Justice.

This case comes before us on appeal by the defendant, Thomas Capuano, from a Superior Court jury conviction of operating a motor vehicle while under the influence of intoxicating liquor. The defendant alleges that the trial justice erred in failing to grant his motion for judgment of acquittal. In support of this argument the defendant asserts that sitting at the controls of an idling motor vehicle while intoxicated does not constitute...

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