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STATE v. LEEMAN

291 A.2d 709 (1972)

STATE of Maine v. Richard E. LEEMAN.

Supreme Judicial Court of Maine.

June 8, 1972.

Attorney(s) appearing for the Case

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

Daniel G. Lilley, Portland, for defendant.

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

WEATHERBEE, Justice.

This is an appeal from a jury verdict finding the Defendant guilty of Death Caused by Violation of Law (29 M.R.S.A. § 1316). The indictment charged Reckless Homicide (29 M.R.S.A. § 1315). The Presiding Justice had instructed the jury that the offense of Death caused by Violation of Law was a lesser offense necessarily included within the greater offense of Reckless Homicide and the sole issue raised

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