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STATE EX REL. MIDDLETOWN v. ANTHONY

No. 96-636-MP.

713 A.2d 207 (1998)

STATE of Rhode Island ex rel. TOWN OF MIDDLETOWN v. John D. ANTHONY.

Supreme Court of Rhode Island.

May 28, 1998.

Attorney(s) appearing for the Case

Francis S. Holbrook, II, Newport, for Plaintiff.

Kenneth R. Tremblay, Portsmouth, for Defendant.

Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on the petition for certiorari of the State of Rhode Island ex rel. Town of Middletown (petitioner or town) after the District Court found the respondent, John D. Anthony, not guilty of the charge of driving under the influence of alcohol in violation of G.L.1956 § 31-27-2. We deny certiorari on double jeopardy grounds. It is our opinion, however, that the trial justice erred...

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