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STATE v. MARSHALL

No. 99-401-C.A.

793 A.2d 196 (2002)

STATE v. Gerald MARSHALL.

Supreme Court of Rhode Island.

March 22, 2002.

Attorney(s) appearing for the Case

Annie Goldberg, Aaron L. Weisman, Providence, for plaintiff.

Ranen Schechner, Barbara Hurst/Paula Rosin/Catherine A. Gibran, Providence, for defendant.

Present WILLIAMS, C.J., LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.

OPINION

BOURCIER, Justice.

The constitutionality of G.L. 1956 § 11-35-17, entitled Crank or obscene telephone calls (the statute), is challenged in this appeal.1 However, because we conclude that the trial justice's instruction to the trial jury was prejudicially erroneous and requires us to remand the case for a new trial, we leave consideration of the constitutional question for...

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