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STATE v. SMITH

306 A.2d 5 (1973)

STATE of Maine v. Bert SMITH, III.

Supreme Judicial Court of Maine.

June 12, 1973.

Attorney(s) appearing for the Case

Donald A. Spear, County Atty., Suzanne E. K. Smith, Asst. Atty. Gen., Bath, for plaintiff.

Hart & Stinson, by Ronald A. Hart, Roger R. Therriault, Bath, for defendant.

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

WEBBER, Justice.

At the October Term in 1971, a Sagadahoc County jury convicted the defendant of assault and battery, high and aggravated. Appellant seeks to raise two issues, the sufficiency of proof that the circumstances were high and aggravated, and the admissibility of certain evidence not objected to at trial.

It is apparent that appellant misinterprets our language in State v. Bey (1965) 161 Me. 23, 26, 206 A.2d 413

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