STATE v. SMALL


157 A.2d 874 (1960)

STATE of Maine v. Fred T. SMALL.

Supreme Judicial Court of Maine.

February 11, 1960.


Attorney(s) appearing for the Case

James Blenn Perkins, County Atty., Boothbay Harbor, for plaintiff.

Basil Latty, Portland, David Klickstein, Brunswick, for defendant.

Before WILLIAMSON, C. J., and WEBBER, SULLIVAN, DUBORD and SIDDALL, JJ.


SIDDALL, Justice.

On Exceptions. The respondent was indicted for breaking, entering, and larceny in the nighttime and was found guilty after a jury trial in the Superior Court for the County of Lincoln. The indictment contained three counts. One count alleged a prior conviction of robbery against the respondent. The jury returned a verdict of guilty on all counts.

The respondent duly filed a motion in arrest of judgment based upon the following grounds:

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