State v. Silva

This case is before us on certification from the Superior Court on a question of law of doubt and importance. The question asked is as follows:

“(1) Can the State of Rhode Island charge a defendant with ‘Possession of stolen property’ in violation of Section 11-41-2 of the General Laws of Rhode Island, wherein the State has previously charged the said defendant with driving a vehicle not his own in violation of Section 31-9-1 of the General Laws of Rhode Island of 1956 as aforesaid and wherein both charges stem from the same identical set of facts?”

It is agreed that on March 30, 1970, Silva…