Supreme Court of Rhode Island March 22, 2002, No. 99-401-C.A. (State v. Marshall)

OPINION

BOURCIER, Justice.

The constitutionality of G.L.1956 § 11-35-17, entitled Crank or obscene telephone calls (the statute), is challenged in this appeal.1 However, because we conclude *197that the trial justice’s instruction to the trial jury was prejudicially erroneous and requires us to remand the case for a new trial, we leave consideration of the constitutional question for another day.