State v. O'ROURKE

In May 1973, the defendant, Gary P. O’Rourke, was tried by a jury in the Superior Court on a three-count indictment. The trial justice directed a verdict in O’Rourke’s favor on one of the counts, 1 but the jury found him guilty of the burglary of the dwelling of one John Carter, in violation of G.L. 1956 (1969 Reenactment) §11-8-1, and of possession of burglary tools, in violation of §11-8-7. On appeal, he assigns as errors the denial of his motion for direction of a judgment of acquittal on the burglary charge and certain instructions to the jury on the possession charge.

John Carter lived in…