State v. Perry

This is a petition for -a writ of mandamus, treated as -a petition for a writ of certiorari, to review the action of a Superior Court justice who refused to certify a constitutional question to this court under G.L. 1956 (1969 Reenactment) §12-22-10, and instead decided it by himself.

*91The defendant, David W. Perry, was indicted and tried in Superior Court before a jury on a charge of entering a dwelling with the intent to commit larceny in violation of §11-8-3. He moved to dismiss the indictment on January 19, 1976, on the grounds that the statute was unconstitutionally vague and overbroad.…