Legal Opinion · Concurring in part, dissenting in part

State v. Bryant

Supreme Court of Rhode Island

Decided January 31, 1996No. 94-273-C.APublished

1Concurring in part, dissenting in part

BOURCIER, Justice, with whom LEDERBERG, Justice, joins,

concurring in part and dissenting in part.

I join in the opinion of the court with regard to its conclusion that G.L.1956 (1981 Reenactment) § 11-37-1(8), as amended by P.L.1986, ch. 191, § 1, by its specific definition of the nature of sexual penetration necessary to constitute first-degree child molestation sexual assault, excludes the conduct engaged in by the defendant in this ease.

I agree with the majority’s recognition of our longstanding judicial inability, no matter how abhorrent the offense involved, to supplement or to amend by…

2Cases cited12 opinions

  1. State v. GirouardSupreme Court of Rhode Island · 1989
  2. State v. CaprioSupreme Court of Rhode Island · 1984
  3. State v. McDonaldSupreme Court of Rhode Island · 1992
  4. State v. CaliseSupreme Court of Rhode Island · 1984
  5. Bloomfield v. BrownSupreme Court of Rhode Island · 1942

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