Legal Opinion

State v. O'Brien

Supreme Court of Rhode Island

Decided February 12, 1982No. Nos. 80-113-C.A., 80-114-C.APublished

1Opinion of the Court

OPINION

MURRAY, Justice.

These are two separate cases that have been consolidated because they present the same legal issue: whether a complaining witness has to appear personally before the Attorney General or one of his designated assistants before a defendant can be charged by information.

In case No. 80-114, the state filed a two-count information charging defendant Mary Ann Ciullo (Ciullo) with one count of assaulting Norma Jean Flemming (Flem-ming) with a dangerous weapon in violation of G.L.1956 (1969 Reenactment) § 11 — 5—2 and with a second count of carrying a pistol without a license…

2Cases cited5 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Costello v. United StatesSupreme Court of the United States · 1956
  3. Massey v. MullenSupreme Court of Rhode Island · 1976
  4. Gerstein v. PughSupreme Court of the United States · 1973
  5. Republic National Bank v. SheinfeldCourt of Appeals for the Fifth Circuit · 1974

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