Opinion
M. P. No. 74-121.
June 11, 1974
This is a petition for certiorari. Petitioner has been indicted on a series of related drug charges. He seeks a review of the Superior Court's refusal to dismiss the charges on the grounds that he had been denied his constitutional right to a probable cause hearing in the District Court.
Petition is denied. A Grand Jury may indict independent from or in the absence of any prior examination in the District Court. State v. Conti, 110 R.I. 237, 291 A.2d 623 (1972); Burke v. Langlois, 104 R.I. 391, 244 A.2d 593 (1968); State v. Robbins, 42 R.I. 213, 106 A.2d 291 (1919). Supreme Court has also said that a finding of no probable cause in the District Court will not deprive the Grand Jury of its jurisdiction. Brady v. Langlois, 104 R.I. 301, 243 A.2d 906 (1968); see also M.A.P. v. Ryan, (D.C.App.) 285 A.2d 310 (1971).
Richard J. Israel, Attorney General, Donald P. Ryan, Asst. Attorney General, for plaintiff-respondent.
Nugent Nugent, J. Joseph Nugent, Jr., for defendant-petitioner.