State v. Robert E. Payette

Summary

The Rhode Island Supreme Court affirmed the conviction of Robert E. Payette for first‑degree murder, holding that the trial judge’s instruction allowing a jury to infer malice from a disparity in size or strength between the victim and defendant was proper, and that the judge correctly denied Payette’s motion for a new trial. The court reasoned that Rhode Island precedent permits such an inference for adult victims and that the trial judge adequately considered the evidence of intoxication and intent. The judgment of the Superior Court was affirmed and the record remanded.