State v. Lemme

The defendant was convicted in the eighth judicial district court on a charge of failing to comply with the provisions of G. L. 1956, §31-26-4. Seasonably appealing to the superior court, he demurred to the complaint as being vague, indefinite and ultra vires of the legislative police power, allegedly violating arts. V and XIV of amendments to the United States constitution, and art. I, sec. 10, of the state constitution. Additionally, he filed a plea in abatement which, in substance, sought a judicial determination that the statute in question was violative of arts. V and VI of amendments to…