STATE v. PAYETTE

No. 2010-151-C.A.

38 A.3d 1120 (2012)

STATE v. Robert E. PAYETTE.

Supreme Court of Rhode Island.

March 14, 2012.


Attorney(s) appearing for the Case

Jane M. McSoley , Department of Attorney General, for State.

Catherine Gibran , Office of the Public Defender, for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.


OPINION

Justice Indeglia, for the Court.

The defendant, Robert E. Payette (defendant or Payette), appeals from a Superior Court judgment of conviction for first-degree murder, for which he received a sentence of life imprisonment. On appeal, Payette contends that the trial justice erred (1) by instructing the jury that malice may be inferred where there is a disparity in the size or strength between the victim and the defendant; and (2) by denying his motion...

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