State v. James Stevens

Syllabus

The defendant, James Stevens, appealed from his conviction for voluntary manslaughter, in violation of G.L. 1956 § 11-23-3. On appeal, defendant argued that the jury erred when it rejected his claim of self-defense. However, defendant did not move in the Superior Court for a judgment of acquittal in accordance with Rule 29 of the Superior Court Rules of Criminal Procedure, nor did he pursue a motion for a new trial under Rule 33. The Supreme Court concluded that, under its well-established raise-or-waive rule, defendant had waived his right to appeal his conviction on this basis because he failed to raise the issue in the Superior Court. The Court reasoned that, because he did not challenge the sufficiency of the evidence at trial via either a motion for judgment of acquittal or a motion for a new trial, he was not able to do so before the Supreme Court on appeal. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.