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STATE v. WARREN

312 A.2d 535 (1973)

STATE of Maine v. Rodney WARREN and Alton Phinney.

Supreme Judicial Court of Maine.

December 3, 1973.

Attorney(s) appearing for the Case

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

Ranger, McTeague & Higbee, P.A., by Patrick McTeague, Brunswick, for defendants.

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

ARCHIBALD, Justice.

The appellants, Rodney Warren and Alton Phinney, were secretly1 indicted by a Penobscot County Grand Jury for conspiracy (17 M.R.S.A. § 951). Although separately indicted the cases were ordered to be tried together because the appellants could have been jointly indicted. Rule 13, M.R.Crim.P. The initial jury trial was in October, 1971 but a mistrial was ordered and the appellants were subsequently found guilty...

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