STATE v. DAY


293 A.2d 331 (1972)

STATE of Maine v. Richard DAY and Robert Day.

Supreme Judicial Court of Maine.

July 14, 1972.


Attorney(s) appearing for the Case

Alan C. Pease, County Atty., Wisdasset, for plaintiff.

Samuel G. Cohen, Waldoboro, for Richard Day.

Richard W. Elliott, Boothbay Harbor, for Robert Day.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


WEBBER, Justice.

In these two cases tried together the defendants were convicted of grand larceny. The evidence disclosed that they were observed forcibly removing copper lightning rod cable from a dwelling house and shortly after were apprehended with a quantity of such cable in their truck. This conviction is before us on appeal.

It is first contended that since the State has failed to show any lapse of time between the severance of the cable from the realty...

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