State v. Desmarais

OPINION

WEISBERGER, Justice.

This is an appeal by the defendant from judgments of conviction entered in the Superior Court after a jury trial of robbery, breaking and entering in the nighttime with intent to commit larceny, and driving an automobile without the consent of the owner. We reverse and remand for a new trial. The facts upon which the convictions were based are as follows.

On June 22, 1981 at approximately 2:30 a.m., two men in stocking masks broke into the Quincy Dye Works, a business located in Woonsocket, Rhode Island. The night watchman on duty at the time, while watching…