State v. Kittell

OPINION

"Ya got trouble, folks, right here in River City; with a capital T and that rhymes with ‘P’ and that stands for ‘pool.’ ” 1 After a night of playing pool, drinking heavily and causing trouble, the defendant, Robert Kittell (Kittell or defendant), stabbed Michael Payne (Payne) without provocation. Not fatally injured, Payne fought back with a vengeance, injuring the defendant. After a jury trial, the defendant was convicted of one count of felony assault, pursuant to G.L.1956 § 11-5-2. The defendant now appeals.

This case came before the Supreme Court for oral argument on March 8, 2004,…