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STATE v. McGUY

No. 2000-264-C.A.

841 A.2d 1109 (2003)

STATE v. Damien McGUY.

Supreme Court of Rhode Island.

November 25, 2003.

Attorney(s) appearing for the Case

Virginia McGinn, Providence, for plaintiff.

Kelly Monteiro, Providence, for Defendant.

Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, FLAHERTY, and SUTTELL, JJ.

OPINION

FLANDERS, Justice.

Convicted of second-degree murder, the defendant, Damien McGuy (defendant), assails the trial justice on appeal for failing to instruct the jury on the lesser-included offense of voluntary manslaughter. He also maintains that the trial justice should have dismissed at least one of the charges against him because the state violated his constitutional right not to be placed in double jeopardy for the same offense. The state charged...

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