State v. Beeley

OPINION

MURRAY, Justice.

This case comes before us on appeal by the defendant, James Beeley (Beeley), from a Superior Court jury conviction of breaking and entering in violation of G.L.1956 (1981 Reenactment) § 11-8-2, as amended by P.L. 1988, ch. 171, § 1 and simple assault in violation of G.L.1956 (1981 Reenactment) § 11 — 5— 3, as amended by P.L.1988, ch. 539, § 8. In this appeal Beeley avers that the trial justice erred in denying his motions requesting judgment of acquittal and a new trial. We sustain the appeal.

At the outset we shall set out the basic facts of record that led to Beeley’s…