State v. Cohen
| Decision Date | 02 October 1961 |
| Docket Number | No. 10105,10105 |
| Citation | 173 A.2d 925,93 R.I. 215 |
| Parties | STATE v. Morris COHEN. Ex. |
| Court | Rhode Island Supreme Court |
J. Joseph Nugent, Atty. Gen., Corinne P. Grande, Sp. Counsel, Providence, for the State.
Maxwell W. Waldman, Aram A. Arabian, Providence, for defendant.
After our decision in the above case the defendant asked for and received permission to file a motion for reargument. Pursuant thereto he has filed such a motion, setting out therein certain reasons on which he bases his contention that justice requires a reargument of the case. We have carefully considered those reasons and we are of the opinion that they are without merit.
The defendant stresses a secondary argument that we failed to consider his exception to the admission into evidence of the autopsy report which he alleges was inadmissible as being contrary to the provisions of G.L.1956, chap. 23-4. It is his contention that the doctor performing the autopsy was not the chief medical examiner as required by that chapter. He fails to recognize the provision for temporary expert assistance set forth in § 23-4-6 therein. Indeed, the record establishes that Dr. Gary P. Paparo was competent, qualified and authorized within the meaning of the applicable statute. This was implied in our decision and we now so expressly state.
Motion denied.
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State v. Contreras, 266-E
...the credibility of witnesses nor the weight of their testimony was before the trial justice. State v. Cohen, 93 R.I. 215, 172 A.2d 737, 173 A.2d 925; State v. St. Angelo, 72 R.I. 412, 52 A.2d 513. Instead, his function was limited to resolving all conflicts in the evidence and to viewing mo......
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State v. Owens
...defense as 'questions of fact properly and exclusively within the province of the jury.' State v. Cohen, 93 R.I. 215, 172 A.2d 737, 173 A.2d 925 (1961). The expert's opinion was not inadmissible by virtue of the fact that it involved an opinion as to the ultimate facts in the case. As we st......
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State v. Ruggiero
...engage Dr. Paparo. In the circumstances the instant issues are governed by our decision in State v. Cohen, R.I., 172 A.2d 737; Id., R.I., 173 A.2d 925. The testimony of Dr. Paparo and the autopsy report were therefore admissible in evidence. It appears from the record that a copy of the aut......