Opinion
EX. c. No. 661.
June 23, 1970.
Herbert F. DeSimone, Attorney General, Donald P. Ryan, Asst. Attorney General, Scott K. Keefer, Special Asst. Attorney General, for plaintiff.
Charles A. Curran, Charles J. Rogers, Jr., for defendant.
Under exceptions 2 and 3 of his bill of exceptions, the defendant challenges the constitutionality of G.L. 1956, § 11-19-18. The defendant's challenge raises the following questions:
1. Is the alleged misconduct of defendant punishable under the provisions of both § 11-19-18 and § 11-19-14?
2. If defendant's conduct is punishable under both § 11-19-18 and § 11-19-14, has his constitutional right to equal protection of the laws been violated in that he has been charged under § 11-19-18, a violation of which is a felony, whereas he could have been charged under § 11-19-14, a violation of which constitutes a misdemeanor?
Because we feel that these exceptions involve questions of great importance which may be dispositive of this appeal, we believe that the court should have the benefit of further argument. Therefore, we direct the parties to file additional briefs, in accordance with our Rule 16, confined to a discussion of the issues raised under exceptions 2 and 3, and that the case be assigned for hearing in accordance with the rules of this court.