CLUKEY v. STATE


202 A.2d 6 (1964)

Harold J. CLUKEY v. STATE of Maine.

Supreme Judicial Court of Maine.

June 29, 1964.


Attorney(s) appearing for the Case

Norman S. Reef, Portland, for plaintiff.

John W. Benoit, Asst. Atty. Gen., Augusta, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, SIDDALL and MARDEN, JJ.


WEBBER, Justice.

In 1962 the petitioner, Harold J. Clukey, was tried by a jury upon an indictment charging a felony. In the course of the trial the presiding justice concluded that certain words uttered by a witness for the State and an inquiry on the part of counsel for the State during a colloquy with the Court might improperly prejudice the minds of the jury against the then respondent. In the absence of the jury the presiding justice expressed this concern to...

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