STATE v. DEVOE


301 A.2d 541 (1973)

STATE of Maine v. Gary A. DEVOE and Charles H. Ryder.

Supreme Judicial Court of Maine.

March 15, 1973.


Attorney(s) appearing for the Case

Joseph E. Brennan, County Atty., Portland, for plaintiff.

Childs, McKinley & Emerson, by Richard S. Emerson, Jr., Daniel G. Lilley, Stephen Sunnenblick, Portland, for defendant.

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


ARCHIBALD, Justice.

This case is before us on separate appeals by each appellant.

Each appellant was separately indicted for two felonies, namely, robbery (17 M. R.S.A. § 3401) and assault of a high and aggravated nature (17 M.R.S.A. § 201). Since the facts underlying each indictment arose from the same transaction, all the indictments were consolidated for trial. The jury found each appellant not guilty of robbery, but convicted appellant Devoe...

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