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STATE v. SIMPSON

276 A.2d 292 (1971)

STATE of Maine v. Thomas W. SIMPSON.

Supreme Judicial Court of Maine.

April 16, 1971.

Attorney(s) appearing for the Case

Peter T. Dawson, Peter W. Culley, Asst. Attys. Gen., Augusta, for plaintiff.

Franklin F. Stearns, Jr., George Milliken, Portland, for defendant.

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

ARCHIBALD, Justice.

The Defendant was indicted, tried and convicted of murder, from which conviction he seasonably appealed. The Points of Appeal raise four issues: 1) The refusal of the Presiding Justice to grant a motion for judgment of acquittal; 2) The verdict is contrary to the weight of the evidence; 3) The verdict is not supported by substantial evidence; 4) The Court erred in giving the following instructions to the Jury:

"Now, the fact that the crime...

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