State v. Payette
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Defendant Robert Payette was convicted of first-degree murder, for which he received a sentence of life imprisonment. Payette appealed, contending 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 for a new trial. The Supreme Court affirmed, holding (1) the instruction at issue was a correct statement of law and was not improper; and (2) the trial justice properly denied Payette's motion for a new trial, as there was nothing in the record that would indicate that the justice overlooked or misconceived any material evidence or otherwise clearly erred.
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