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STATE v. LIZOTTE

256 A.2d 439 (1969)

STATE of Maine v. Richard LIZOTTE.

Supreme Judicial Court of Maine.

August 8, 1969.

Attorney(s) appearing for the Case

Foahd J. Saliem, County Atty., Augusta, for plaintiff.

Alan C. Sherman, Waterville, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, DUFRESNE and WEATHERBEE, JJ.

WEBBER, Justice.

On appeal. Defendant was convicted by a jury of making a threatening communication which is made a felony by 17 M.R.S.A., Sec. 3701.

The first point of appeal is stated in these terms :

"1. The Court erred by not permitting defendant's request to have the misdemeanor, an assault and battery upon a police officer, Docket No. 3503 and the felony, threatening communication, Docket No. 3546, tried at the same time before the jury on July...

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