State v. Manning, 81-239-C
| Decision Date | 07 July 1982 |
| Docket Number | No. 81-239-C,81-239-C |
| Citation | 447 A.2d 393 |
| Parties | STATE v. David J. MANNING. A. |
| Court | Rhode Island Supreme Court |
This case comes before us on the appeal of David J. Manning (Manning) from a judgment of the Superior Court convicting him of assault with a dangerous weapon. We affirm. The facts of the case are as follows.
On July 5, 1979, Manning and a friend named Deborah Groff (Groff) were parked in a Toyota automobile at a beach in Newport. Ralph DeLullo (DeLullo) had previously parked his automobile at the same beach and was allegedly searching the area for a ring that he believed he had lost somewhere in the vicinity. DeLullo had been drinking at several bars in the city. In the course of his search he came upon the Toyota automobile and peered inside, pressing his face against the car window. Manning and Groff were startled and angered by this visual intrusion.
Manning emerged from the automobile, expressing his displeasure in no uncertain terms. DeLullo attempted to explain but fled in the face of Manning's aggressive behavior and expressions of disbelief. At this point Manning picked up a piece of driftwood of club-like proportions, and DeLullo sought refuge within his automobile. While DeLullo was inside his automobile, Manning struck the automobile several times with the club. Although DeLullo was backing the car away, Manning testified that he assumed that DeLullo was attempting to drive into him with the automobile.
DeLullo left the beach area and attempted to find his way to the Newport Bridge. However, he became confused regarding the route and found himself in Washington Square in downtown Newport. At this point he again encountered the black Toyota containing Manning and Groff. Manning noted DeLullo's car and chased it through the streets of Newport and onto the Newport Bridge. The velocity of this chase was variously estimated as reaching speeds in excess of eighty miles per hour. It is not entirely clear from the evidence what Manning intended to accomplish; he stated that he wanted to view the license plate. It further appears, however, that Manning drove his vehicle alongside DeLullo's vehicle and that Groff leaned out of the passenger-side window and struck the left-front windshield of DeLullo's car with the same stick that Manning had previously used. This time the stick splintered the windshield, causing broken glass to fly into DeLullo's face.
The chase continued until both vehicles reached the toll booth. At this juncture Manning drove his vehicle in front of DeLullo's car and both automobiles came to a halt. Manning again emerged from his car and struck DeLullo in the face. Thereafter, the two men struggled, and Manning eventually returned to his car and went back across the bridge to Newport. Ultimately Manning and Groff were charged with assault with a dangerous weapon and were tried in Newport County before a jury. The jury returned verdicts of guilty in regard to each, and the trial justice denied their motions for new trial. This appeal relates only to Manning's conviction.
In support of his appeal, Manning raises two issues. The first issue challenges the trial justice's instructions to the jury in respect to the elements of self-defense. The second issue consists of a challenge to the denial of the motion for new trial on the ground that there was insufficient evidence to justify a conviction for assault with a dangerous weapon. We shall deal with these issues in the order in which they are presented in defendant's brief.
We have examined the trial justice's instructions concerning self-defense, and we believe that those instructions reasonably set forth, as they should, all of the propositions of law that related to material issues of fact which the evidence tended to support. See State v. Infantolino, 116 R.I. 303, 307, 355 A.2d 722, 724-25 (1976); State v....
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...salient and essential propositions of law that relate to material issues of fact which the evidence tends to support. State v. Manning, R.I., 447 A.2d 393, 394 (1982). In a homicide prosecution, the court must instruct the jury on any lesser included offense which is warranted by the eviden......
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...act of the principal perpetrator. See State v. Eddy, 519 A.2d 1137 (R.I. 1987); State v. Tarvis, 465 A.2d 164 (R.I. 1983); State v. Manning, 447 A.2d 393 (R.I. 1982); State v. Gazerro, 420 A.2d 816 (R.I. 1980); State v. Colvin, 82 R.I. 212, 107 A.2d 324 (1954). In all the foregoing cases th......
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...their finding defendant guilty of aiding and abetting the murder. "No more can or should be required of a trial justice." State v. Manning, 447 A.2d 393, 394 (R.I.1982). IV MOTION FOR JUDGMENT OF The defendant lastly contended that the trial justice erred in denying his motion and renewed m......
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