State v. Upham

OPINION KELLEHER, Justice.

At approximately 2:45 a. m. on July 1, 1977, Middletown police officer Paul D. Preuit responded to a call that had emanated from a house located somewhere along Purgatory Road. The caller was a forty-year-old woman who reported to the police that she had been raped by an intruder who had broken into her home. In due course, the defendant, Bruce L. Upham (Upham), was arrested, indicted, and convicted of committing the crimes of rape, sodomy, burglary, and assault with a dangerous weapon.

In his appeal Upham challenges the trial justice’s denial of his motion to…