State v. Darcy

OPINION

WEISBERGER, Judge.

This is an appeal from a judgment convicting the defendant of two counts of driving to endanger, death resulting, in violation of G.L. 1956 (1968 Reenactment) § 31-27-1, as amended by P.L. 1978, ch. 208, § 2. At trial, the prosecutor offered into evidence a highly prejudicial statement made by the defendant, although the state had not disclosed the existence of that statement in response to the defendant’s request for discovery. The trial justice admitted the testimony but reserved decision on the defendant’s motion to pass the case or for curative instructions. At…