Opinion
M.P. No. 1148.
September 3, 1970.
Motion for leave to file petition for writ of certiorari is granted, and the writ may issue forthwith.
The instant case is consolidated for hearing before this Court with the case of State v. Holliday, 107 R.I. 918-19, 268 A.2d 738, and counsel are directed that in addition to arguing the issue of the right of defendants to a jury trial in the District Court, we direct that argument be made on the issue of whether such right would be available to defendants charged with petty offenses as defined in Baldwin v. New York, 399 U.S. 66, 90 S.Ct. 1886, 26 L.Ed.2d 437, and whether our constitution inhibits the conducting of such trial by a jury consisting of six jurors.
Briefs for petitioners shall be filed no later than September 21, 1970. Answering briefs are due no later than October 5, 1970 and this matter is assigned for oral argument to Friday, October 9, 1970. No requests for extension of time for filing briefs will be granted.
Herbert F. DeSimone, Attorney General, Donald P. Ryan, Asst. Attorney General, for plaintiff-respondent.
Adler, Pollock Sheehan, Peter Lawson Kennedy, for defendant-petitioner.