Hearsay

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-17-5 (entering from private road or driveway). The Court held that the testimony of the citing officer about statements made by a witness constituted inadmissible hearsay and that the trial court’s reliance upon this evidence constituted reversible error of law. Accordingly, the Court reversed the trial court’s decision and dismissed the charge against the defendant.

Noonan, M., concurring in part, dissenting in part: The magistrate concurred that the evidence was inadmissible hearsay. However, the magistrate believed that the testimony about the physical damage to the vehicles could be used to establish the inference that the defendant violated § 31-17-5.

City of Warwick v. Sandra Cerrito, C.A. No. T09-0002 (July 20, 2009).pdf