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STATE v. CURTIS

295 A.2d 252 (1972)

STATE of Maine v. Rodney L. CURTIS.

Supreme Judicial Court of Maine.

October 10, 1972.

Attorney(s) appearing for the Case

David M. Cox, County Atty., Bangor, for plaintiff.

Noel K. Evans, Millinocket, for defendant.

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

ARCHIBALD, Justice.

The defendant, indicted for assault and battery of a high and aggravated nature (17 M.R.S.A. § 201), elected to waive trial by jury and, after trial before a single Justice of the Superior Court, was convicted of simple assault. He has appealed and assigns, as a basis therefor, the following reason:

"The court erred in refusing to grant a continuance upon request of Defendant's counsel and such error was prejudicial and material to...

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