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State v. Mullen

Rhode Island Supreme Court
740 A.2d 783 (1999)


Facts

Timothy Mullen (defendant) was charged with committing nine acts of “abominable and detestable crimes against nature” with a female over a three-year period in violation of the state’s sodomy statute, § 11-10-1. The female victim was between the ages of 14 and 17 at the time of the offenses. However, the indictment mistakenly indicated that the criminal acts took place over a one-year period when the victim was over the age of 16, the age of sexual consent in the state. While Mullen’s indictment was pending, the Rhode Island legislature removed individuals from the purview of the sodomy law. As a result, § 11-10-1 only applied to acts of bestiality. The trial court dismissed the indictment. The State appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam.)

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Dissent (Flanders, J.)

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