State v. Funches
Annotate this CaseThe Supreme Court affirmed Defendant’s conviction for one count of domestic assault by strangulation and one count of simple assault. The court held that (1) the trial justice did not err in denying Defendant’s motion to pass the case after the prosecutor posed an allegedly prejudicial question to Defendant because the prosecutor’s question was not so inflammatory that the trial justice was unable to expiate the harm; and (2) the trial justice properly denied Defendant’s motion for judgment of acquittal on the grounds that Defendant was twice placed in jeopardy for the same act because Defendant was convicted of only one of the two counts at issue.
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