State v. Roberts

OPINION

GOLDBERG, Justice.

This case came before the Supreme Court on October 8, 2003, pursuant to the appeal of the defendants, David Roberts (Roberts or defendant) and Babatunde Ak-injobe 1 (Akinjobe or defendant), from judgments of conviction for murder, conspiracy to murder, assault with a dangerous weapon and carrying a pistol without a license. The. defendants argue that the trial justice erred in denying their motions to dismiss based upon the state’s failure to preserve evidence and for refusing to give a lost evidence instruction to the jury.

Facts and Travel

On the evening of May 13,…